RESOLUTION NO. RS2009-950

A resolution requesting the Tennessee Department of Children’s Services to modify its rules pertaining to persons classified as an indicated perpetrator of child physical abuse by adding a statute of limitations if no criminal charges have been filed and no other abuse has been indicated.

WHEREAS, Tennessee Code Annotated § 37-1-406 provides that the Tennessee Department of Children’s Services is responsible for the investigation of alleged child abuse, for making a determination as to whether the reported abuse was “indicated or unfounded,” and reporting its findings to the Department’s abuse registry; and

WHEREAS, upon the classification of an individual as an indicated perpetrator of child abuse becoming final, Section 0250-7-9.11(3) of the Tennessee Administrative Rules and Regulations requires that the individual’s employer and/or licensing authority assure that he/she is not a threat to the safety of any child in his/her care; and

WHEREAS, Tennessee Code Annotated § 49-10-608 prohibits the State Board of Education and local school districts from hiring any individual whom the Department of Children’s Services has found to have committed child abuse; and

WHEREAS, the State Board of Education has grounds to revoke a Tennessee teaching license for an individual classified as an indicated perpetrator of child abuse, regardless of whether criminal charges were ever filed in the case; and

WHEREAS, in order to have a teaching license that has been revoked under this rule reinstated, the individual would have to show proof that he/she is no longer classified as an indicated perpetrator of child abuse; and

WHEREAS, it is just and equitable that an individual classified as an indicated perpetrator of child abuse have this classification removed if no criminal charges have been filed as a result of the alleged abuse, and no further child abuse has been indicated by the Department of Children’s Services within a reasonable period of time.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That the Metropolitan County Council hereby goes on record as requesting the Tennessee Department of Children’s Services to modify its rules pertaining to persons classified as an indicated perpetrator of child physical abuse by adding a reasonable statute of limitations if no criminal charges have been filed and no other abuse has been indicated.

Section 2. That the Metropolitan Clerk is directed to send a copy of this Resolution to the Commissioner of the Tennessee Department of Children’s Services, to the Executive Director of the Tennessee State Board of Education, and to each member of the Davidson County Delegation to the Tennessee General Assembly.

Section 3. That this Resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Pam Murray