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TENNESSEE

Social services law protects families

On May 24, 2004, Governor Phil Bredesen signed into law Senate Bill 2667, by which Tennessee enacted federally mandated social services legislation. Tennessee law now requires that social workers be "trained in their legal duties to protect the constitutional and statutory rights of children and families from the initial time of contact, during the investigation, and through the treatment." Additionally, social workers must, at the initial time of contact with the individual who is being investigated, "advise the individual of the complaints or allegations made against the individual consistent with laws protecting the rights of the informant."

Tennessee's new law was enacted to comply with the federal Keeping Children and Families Safe Act of 2003, an amendment to the Child Abuse Prevention and Treatment Act (CAPTA). The Keeping Children and Families Safe Act requires states to implement provisions protecting families during the child abuse investigation process. Tennessee is one of 10 states that have enacted such legislation since the federal legislation became effective. Home School Legal Defense Association is working with homeschool leaders in other states to pass similar bills protecting the constitutional rights of all citizens who may be investigated by child protection agencies.

— by Dewitt T. Black