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Tennessee General Assembly passes HB38 on child delinquency restitution rules

March 05, 2025 | House, Introduced, 2025 Bills, Tennessee Legislation Bills, Tennessee


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Tennessee General Assembly passes HB38 on child delinquency restitution rules
The Tennessee State Legislature introduced House Bill 38 on March 5, 2025, aiming to amend existing laws regarding delinquent acts committed by minors. The bill seeks to hold parents, legal custodians, or guardians financially accountable for the actions of children who engage in delinquent behavior, particularly in relation to the costs incurred by law enforcement agencies.

Key provisions of House Bill 38 stipulate that if a child is found delinquent for a second offense, the court may order restitution from the responsible adult for expenses related to the law enforcement response. For a third or subsequent offense, the court is mandated to impose such restitution. The bill sets specific financial thresholds for restitution: a minimum of $250 for misdemeanors and $500 for felonies, with a cap of $1,000. In cases where the adult is deemed indigent, the court may substitute restitution with a requirement for community service.

The introduction of this bill has sparked notable debate among lawmakers and community advocates. Proponents argue that it encourages parental responsibility and may deter juvenile delinquency by making guardians financially accountable for their children's actions. Critics, however, express concerns that the bill could disproportionately impact low-income families, potentially exacerbating existing socioeconomic disparities.

The implications of House Bill 38 extend beyond individual cases, touching on broader social issues such as juvenile justice reform and community support systems. Experts suggest that while the bill aims to address delinquency, it may also necessitate additional resources for families struggling to meet financial obligations imposed by the court.

As the legislative process unfolds, stakeholders will be closely monitoring discussions and potential amendments to the bill, which could shape its final form and impact on Tennessee's juvenile justice system. The next steps will involve committee reviews and potential votes, with advocates on both sides preparing to voice their positions as the bill progresses through the legislature.

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