SB 2538

This bill provides that children have equal protection under the law and possess fundamental rights to safety, protection from harm, and consideration of their best interests as the paramount concern in all legal proceedings, governmental actions, and policy decisions affecting their wel fare. Every child has the inalienable right to be protected from physical, sexual, emotional, and psychological abuse, neglect, and exploitation. A child must not be knowingly placed in the custody, care, or unsupervised contact of any person with a documented history of child abuse, domestic violence, or other conduct that poses a substantial risk of harm to the child. This bill specifically provides that children have the right to all of the following:  Legal representation by qualified counsel in all proceedings substantially affecting their welfare, custody, or placement that does not include an agent of the court .  Have their views and preferences considered in an age-appropriate manner .  Express their concerns about their safety and living situation without fear of retaliation .  Timely resolution of legal proceedings affecting their welfare. JUDICIAL SYSTEM This bill requires courts and judges to c onsider the child's safety, well-being, and best interests as the paramount concern in all decisions . Additionally, courts and judges must consider all available evidence regarding risks to the child's safety, including criminal history, protective services records, medical evidence, and expert testimony. In any proceeding involving a child-impact determination, expert testimony relating to the safety, health, well-being, or development of a child must be admitted only if the professional has demonstrated, subject-matter-specific clinical and professional expertise directly related to the opinions offered. Such expertise must not be based solely on forensic experience, and qualifications must be evaluated under Rule 702 of the Tennessee Rules of Evidence . Courts and judges must p rovide clear justification when placing a child with a caregiver against the recommendations of child protective services, a guardian ad litem, or other child welfare professionals. VIOLATIONS This bill provides that any violation of a child's rights under this bill constitutes a deprivation of constitutional rights under color of law. A child, through the child's representative, has standing to seek judicial relief for violations of rights guaranteed by this bill . However, t his bill does not limit other protections afforded to children under law.