Presumption that subsequent child may be dependent or neglected – Notice – Hearing

(a) This section is known and may be cited as “Eli’s law”. (A) A person under eighteen (18) years of age. See Tennessee Code 37-1-102Custody: means the control of actual physical care of the child and includes the right and responsibility to provide for the physical, mental, moral and emotional well-being of the child. See Tennessee Code 37-1-102Department: means the department of children's services. See Tennessee Code 37-1-102Dependent: A person dependent for support upon another.(b) Notwithstanding this part to the contrary, there is a presumption that any child that is born to a parent, from whose custody a child has previously been removed for being dependent or neglected and the child who was previously removed is in the custody of the department of children’s services, may be dependent or neglected and that it is in the best interest of both children that the child’s birth be brought to the court’s attention. (c) Upon learning of the birth of the subsequent child, the department shall notify the court that adjudicated the first child dependent and neglected and any other party entitled to notice of the subsequent child’s birth. (d) Upon receiving the notice, the court should immediately schedule a hearing to inquire into the effect of the subsequent child’s birth upon the case before the court and to address any further needed steps to protect the safety and well-being of the family.