2014    Family Life Curriculum – This session, we are very pleased with the passage of our WPC bill, SB1940/HB1871, sponsored by Sen. Jack Johnson and Rep. Jim Coley. The legislation, which was worked out on the front end with the Tennessee Family Action Council (FAC), modifies 2012 changes to the family life curriculum statute, which dictates how school systems approach teaching students about such sensitive subjects such as sexuality and birth control. It was important to get FAC support on the front end because the 2012 legislation, which caused a great deal of consternation among some legislators and others, was proposed by FAC.

Some of this year’s changes sound mundane, but we believe they will contribute greatly to more clarity and less confusion among various education players, such as school boards, teachers, and state employee, who sometimes provide assistance in family life education. For instance, during the research on the need for this legislation, we learned the Tennessee Department of Health had determined, due to the 2012 changes in the law, that local department employees should no longer offer assistance with family life classes to school systems. We also learned that organizations that educate on sexual violence and abuse had been told their curriculums no longer fit within what was allowed under the law.

The legislation does these three things:

1. Clarifies the term “sexual contact,” used in the definition of a “gateway sexual activity” by adding a specific reference to the criminal code definition of “sexual contact.” This means no more wondering whether an educator could inadvertently be promoting “gateway sexual activity” by allowing students to discuss holding hands or kissing when talking about sexuality and relationships.
2. Removes the word “exclusively” from language that formerly read, “Emphatically and exclusively promote only sexual risk avoidance through abstinence, regardless of a student’s current or prior sexual experience.” Despite previously existing language in the statute that clearly allows the age-appropriate discussion of birth control, the word “exclusively” had caused many to believe that the state required “abstinence only” instruction and discussion rather than instruction that promotes abstinence.
3. Restores a specific reference to the “HIV/AIDS virus” among the sexually transmitted diseases to be covered in class. That reference was inadvertently eliminated by the 2012 changes.

Although concerns may remain about a liability provision, also added in 2012 and unchanged by this legislation, we hope the changes made in 2014 will minimize such liability concerns. The statute has long required that parents be informed about upcoming “family life” classroom discussions, and parents have the ability to “opt out” their children. That provision remains as well.

 

Pregnant Women Prosecuted for Use of Illegal Drugs – WPC opposed one of the more contentious bills of the session was SB1391/HB1295, which allows the prosecution of a pregnant woman for assault if her baby is born addicted to or harmed by the mother’s illegal use of narcotics. The legislation does create an affirmative defense to prosecution if the woman actively enrolled in and remained in an addiction recovery program before the birth of the child. Various groups called on Governor Bill Haslam to veto the bill declaring it would criminalize drug-addicted pregnant women instead of helping them.  Many were concerned about the possibility of discouraging pregnant, addicted women from seeking prenatal care during pregnancy.  Governor Haslam has now signed the bill into law.

 

Untested Sexual Assault Kits & Statute of Limitations

The statute of limitations in rape cases was changed by SB2084/HB2188. For the offenses of aggravated rape, rape, rape of a child, and aggravate rape of a child there will be no statute of limitations after July 1, 2014 if a notice requirement is met.  A victim must report the offense to law enforcement within 3 years of the offense in order for the statute of limitations to be removed.  If the victim does not report, then the current statute of limitations will continue to apply.  There were some legislators who were hesitant to completely drop the statute of limitations.

Domestic Violence – The sunset bill for the Domestic Violence State Coordinating Council was passed and extends the Council until 2018. It also reconstitutes the Council by reducing the members to 23. The entire membership of the council will be removed on June 30, 2014, and reconstituted in the new form on July 1, 2014. Kathy England Walsh was instrumental in working with key legislators in the effort to ensure the ongoing work of the Council.

Senator Doug Overbey and Rep. Bob Ramsey successfully passed a SB1909/HB1877 to specify that in a divorce proceeding involving domestic abuse within the marriage, any debt owed for any batterer’s intervention or rehabilitation programs shall be attributed to the abuser only.

 

Crimes Against Children and Sentencing Requirements – Four bills related to this subject were approved. Public Chapter 711 adds the offense of promoting prostitution or the knowing failure to protect a child from prostitution to the list of offenses constituting severe child abuse.

Current law requires anyone convicted of aggravated child neglect or aggravated child endangerment to serve no less than 55% of the sentence received.  SB1695/HB2218 changes that to require anyone convicted of aggravated child neglect or endangerment to serve 85% of the sentence imposed. Sentence reduction credits may reduce the percentage, but not below 70%.

Public Chapter 693 sets forth that, in regard to the 30-day and 90-day sentences to confinement for second and third convictions of domestic assault that results in bodily injury, the sentence has to be served on consecutive days. It also specifies that individuals convicted of domestic assault resulting in bodily injury must serve at least the minimum sentence day for day and serve the difference between the time actually served and the maximum sentence, if on probation.

“Erin’s Law” became Public Chapter 706, which requires the departments of education and children’s services and the state board of education to work together on the enhancement or adaptation of K-12 curriculum materials that assist in the detection, intervention, prevention and treatment of child sexual abuse.  “Erin’s Law” has passed in 10 states by Erin Merryn who was sexually abused as a child.  She emphasizes the need to teach children the words to use to tell someone they are being abused and to be aware that the majority of child sexual abuse occurs in the child’s home environment.

 

2013   Anti-Human Trafficking – WPC supported a number of bills suggested by law enforcement experts and organizations working directly with victims of human trafficking. The subject matter included enhancing penalties for various types of human trafficking, facilitating the termination of parental rights when there is parental culpability, restitution for victims, the seizure of assets of perpetrators, and removing a statute of limitations on the prosecution of crimes committed against children. Most of the bills passed, although there remains work to be done, particularly in terms of education and training for law enforcement.

 

TANF Reduction for Bad Grades – WPC opposed this bill, which penalized the TANF (Tennessee Aid to Needy Families) grants of needy families if a child in the home did not make adequate progress in school. The bill did not pass either the House or the Senate and remains in committee. It will be pending again in 2014. The average TANF grant in Tennessee is $162 per month.

 

Ultrasound Requirement – This bill, which will also remain pending in 2014, requires all women prior to abortion to have an ultrasound procedure, which must occur between 72 and 24 hours prior to an abortion. It also mandates a specific script for the health care provider, as well as that the patient be required to listen to a heartbeat, if it is audible. WPC opposed this bill, which did not pass after its sponsors decided not to pursue it, although it remains pending for potential consideration in 2014.

 

Order of Protection – This legislation would have changed the standard of proof needed for an order of protection to “clear and convincing evidence,” a nearly impossible standard to meet. It was withdrawn early on during the session by its House sponsor and will not be pending in 2014.

 

2012   Child Custody – WPC and the TN Bar Association successfully sought the addition of two factors for consideration when making custody determinations: the likelihood of each parent to honor and facilitate court-approved parenting rights and whether a parent has a history of willfully denying the other parent’s right to parenting time in accordance with a prior court order.

 

Rape/Domestic Violence Victims – Helped pass legislation clarifying that information obtained for crime statistics in emergency rooms will not identify the victim, in order not to discourage victims from seeking treatment.

 

“Life Defense Act of 2012” – Opposed the bill, which originally allowed names of physicians and potentially identifying information about patients who had abortions to be listed on state website. That was amended out, and the bill passed with a requirement that physicians who perform abortions in licensed ambulatory surgical treatment centers (ASTCs) must have hospital admitting privileges in the county in which the clinic is located or in a contiguous county.

 

Family Life Education – Opposed the bill, which originally changed the standards for which local education agencies were required to provide a family life (sex ed and more) curriculum. Although that provision was amended out, the bill passed with a troubling provision about undefined “gateway sexual activity” and confusing language about “abstinence-based” and “abstinence-centered” education. The effect of the bill on effective family life programs currently offered is unclear.

 

Emergency Contraception – Two resolutions and one bill restricting the use of “Plan B” emergency contraception for TennCare patients and by county health departments were never considered and did not pass. WPC opposed these measures.

 

2011  – Child Health Programs – Supported continued funding for Coordinated School Health and innovative programs previously funded through the Governor’s Office of Child Care Coordination, both of which were included in the 2011-2012 budget.

 

Child Custody – NWPC and the Nashville Bar Association sought introduction of and successfully lobbied legislation requiring courts to order a custody arrangement that permits both parents to enjoy the maximum participation possible in the life of the child.

 

Domestic Violence and Leases – Assisted TN Coalition Against Domestic and Sexual Violence in successfully lobbying for legislation allowing a judge to order a respondent in an order of protection hearing to pay for closing out a lease held by a victim, if the victim felt the need to change residences for self-protection. H

 

Breast-feeding – Sucessfully supported bill strengthening current language allowing breast-feeding in public places.

 

“Don’t say gay” – Opposed bill, which did not pass the House, to prohibit teachers in public elementary or middle schools from providing “any instruction or material that discusses sexual orientation other than heterosexuality.” The Senate bill, which passed, was amended to require “any instruction or materials……shall be limited exclusively to natural human reproduction science.”

 

Federal Title X Family Planning Funds – NWPC successfully opposed efforts to strip federal family planning funds from two Tennessee Planned Parenthood clinics in the past, but 2011-2012 budget language resulted in Dept. of Health contracts with Davidson and Shelby Counties eliminating most or all such funding to Planned Parenthood. This is despite a 2007 Tennessee Attorney General’s opinion indicating the state could be at risk of losing all Title X federal funds for family planning, used by all 95 county health departments, by attempting to exclude a qualified non-profit provider of the service.

 

2010  – Mandatory Joint Custody – Successfully opposed by the caucus, the bill failed in the effort to establish a rebuttable presumption that “equal parenting” is in the best interest of a child of divorcing parents.

 

Victim Tenant Lease Termination – Introduced by another organization but supported by the NWPC. Failed to pass because of opposition by an organization representing landlords. The bill would have allowed a tenant, who is the victim of domestic abuse, sexual assault or stalking, to terminate a lease agreement.

 

Funding for Coordinated School Health and Governor’s Office of Child Care Coordination – Successfully supported $15 million in continued funding for the critically important Coordinated School Health (CSH) program was retained in the budget despite early concerns that it might be reduced. The program provides for health coordinators in virtually every school district in the state and has had measurable results in terms of child health indicators such as Body Mass Index measures. $10 million in grant funding for Office of Child Care Coordination was nearly stripped from the state budget late in the legislative session, and NWPC successfully opposed this effort.

 

2009  – Teen Pregnancy and Infant Mortality House Study Committee – Proposed and helped pass study committee resolution to jumpstart bipartisan dialogue on important issues and on the need for access to accurate information and birth control for teens. By the end of 2009, the study committee had already met four times and heard from a number of experts on the subjects.

 

Handgun surrender – Helped pass bill so that persons subject to an order of protection or convicted of domestic violence will now be required to surrender all firearms to law enforcement. (Bill proposed by Tn Coalition Against Domestic Violence, Rape and Sexual Abuse.)

 

Ban on physical restraints for pregnant women – Helped pass bill which restricts the use of such restraints on women who are pregnant or post-partum when incarcerated.  (Bill proposed by Tennessee ACLU.)

 

Mandatory Joint Custody – Worked against three nearly identical bills, all of which were either defeated or deferred to 2010 due to a lack of support in a key subcommittee. All sought to establish a rebuttable presumption that “equal parenting” is in the best interest of a child of divorcing parents. The bills would have eliminated judicial ability to decide contested cases on an individual basis based on the best interests of the child or children involved. State law currently requires judges to consider joint custody whenever possible.

 

Paternity Testing and Medical Records – Opposed bills on both subjects, which were not approved. Multiple mandatory paternity testing bills were also opposed by Dept. of Human Services and various health care organizations. The medical records bill would have required health care providers to share every aspect of a minor child’s medical records with parents or guardians, eliminating the discretion currently allowed for providers to have confidential discussions with teens about such sensitive subjects as sexual activity, birth control, and drug or alcohol use.

 

Federal Family Planning Funds for Planned Parenthood – Helped defeat an effort to divert federal funds administered by state Dept. of Health by requiring them to go only to local health departments, rather than to non-profit Planned Parenthood clinics, despite evidence that state health departments are at capacity for the provision of family planning services in major urban communities. The Planned Parenthood clinics serve 20,000 Tennessee women each year utilizing the funding.

 

Constitutional Protection of Right to Privacy – Unsuccessfully opposed passage of SJR127, which had been proposed but not passed during the past three General Assembly terms. Newly constituted House subcommittees and committees were designed to allow passage of the resolution, which seeks to amend a privacy provision in the state constitution to state that it does not apply to abortion. The resolution, which required a simple majority vote upon this initial passage, must next be approved by a two-thirds vote in the House and the Senate during the 107^th General Assembly before it may be placed on the statewide ballot for a popular vote in 2014.

 

2008 –  Lottery Scholarships for Non-traditional Students – A priority issue for the Caucus in 2007 and 2008, less restrictive lottery scholarship requirements for non-traditional students, won approval in an “omnibus” lottery scholarship bill approved during the final days of the 2008 legislative session. 

 

Protected Trust Exception for Child Support – Supported legislation which is designed to eliminate a potential problem related to “spendthrift” trusts. The trusts, which have recently become available in Tennessee after passage of a bill last year, allow the protection of personal assets from any creditor after a four-year waiting period.  This year’s bill inserts an exception for child support orders as is the case in several other states.

 

Resource Mapping of Funds for Children – Required the Tennessee Commission on children and Youth to design and oversee a resource mapping of all federal and state funding sources that support the health, safety, permanence, growth, and development of children in the state.  The Caucus supported the bill.

 

Mandatory Joint Custody – Worked Successfully to defeat legislation that would take away the discretion of judges to make child custody decisions based on the best interest of each individual child.

 

2007 –  Child Custody and Support – Worked successfully to help pass legislation that would prohibit courts from determining that a parent who is partially or completely unemployed in order to care for a child under six years of age is willfully or voluntarily unemployed or underemployed for the purpose of determining child support. Determination of the income of that parent shall not be attributed any income other than income the parent actually earned during the time period being considered by the court in determining the income of each parent. Full bill is expected to be passed into law in 2008.

               

Victim’s Rights – Payment of Forensic Sexual Assault Examinations – Worked successfully to pass legislation that authorizes payment of costs for forensic sexual assault examinations (for the purpose of gathering evidence of sexual assault) from the Victim’s Compensation Fund for sexual assault victims and establishes a “Sexual Assault Examination Fund” to reimburse victims for these expenses that are not  compensable under the victim’s compensation fund.

 

Mandatory Joint Custody – Worked successfully to defeat two separate pieces of legislation filed for mandatory joint custody.  This legislation would take away the discretion of judges to make child custody decisions based on the best interest of each individual child. This legislation would presume that all children of divorce should automatically be placed in a mandatory joint custody situation. We fully believe that each case of child custody should be looked at separately and a ruling made which will be most beneficial to that child. We expect this issue to be back again next year.

 

2006 –  Mandatory Joint Custody— Worked successfully to defeat this legislation in the House which would have required courts to divide physical and legal custody equally between parents. It would have taken discretion away from judges where the well-being of children was concerned.  Expect this issue to be back again next year.

 

Health Insurance Continuance—Passed legislation which will require a covered spouse to give a 30 day notice to a dependent spouse before insurance coverage can be cancelled.  Included authority for the judge in a divorce case to penalize the spouse, who dropped coverage without notice, by requiring that spouse to provide a health care policy for the non-insured spouse.

 

Breastfeeding Bill-Worked successfully to pass legislation giving women the legal right to breastfeed an infant in any place, public or private.

 

Constitutional Protection-Continued to play a major role in defeating legislation that would have taken away the privacy rights of women under our state constitution.

 

2005  – Child Support Study Committee— Drafted and obtained passage of legislation requiring Department of Human Services to have study committee formulate child support guidelines which are fair to both parents, simple to apply, and which provide adequate support for children.

 

Spousal Rape– Worked successfully in concert with Coalition Against Domestic and Sexual Violence to obtain funding for and passage of legislation to make the penalty for rape of a spouse the same as for rape of a nonspouse.

 

Custody–Worked successfully to keep legislation which would have required courts to divide physical and legal custody of children equally between both parents in most cases from advancing in the House.  This will continue to be an issue in 2006.

 

2004 –  Mandatory Joint Custody — Played a major role in defeating proposed legislation which would have created a presumption of equal physical and legal custody of children.  As a result, courts continue to retain discretion to order parenting arrangements in the best interests of children.

 

Constitutional Protection – Played a major role in defeating a resolution which would have reduced the privacy protection of women under our state constitution.

 

Lottery Funds for Early Childhood Education – Advocated for earmarking excess lottery funds for early childhood education.

 

Spousal Rape – Continued to work for funding of spousal rape legislation.

 

Continuation of Health Insurance — Continued to work in coalition with other groups on legislation for continuation of health insurance for spouses after divorce, or death of a spouse.

 

2003 –  Fairness in Alimony – Drafted and obtained passage of legislation stating that it is the public policy of Tennessee to support and encourage marriage and to consider economic detriment a spouse suffers for the benefit of the marriage as a factor in determining alimony at the time of a divorce.  Further, the court is directed to consider the standard of living during the marriage in setting alimony.

 

Spousal Rape — Continued to work for funding of spousal rape legislation

 

Constitutional Protection — Continued to work in coalition with other groups to prevent progress of a Resolution which reduces the privacy protection of women under our state constitution.

 

Continuation of Health Insurance — Continued to work in coalition with other groups on legislation for Continuation of health insurance for spouses after divorce, or death of a spouse.

 

2002 –  Spousal Rape — Continued to work for funding of spousal rape legislation.

 

Constitutional Protections — worked in coalition with other groups to prevent progress in the House of a resolution which reduces the privacy protection of women under our state constitution.

 

Continuation of Health Insurance – worked in coalition with other groups on legislation to obtain continued health insurance for spouses after divorce.

 

Custody – Helped defeat an effort to remove judicial discretion in custody cases.

 

Home and Community Based Healthcare Services – Successfully passed funding for services.

 

2001 –  Home and Community Based Healthcare – Actively worked and passed legislation creating Home and Community Based Healthcare Services.

 

Spousal Rape — Drafted and lobbied through judiciary committees a bill to bring spouses under the protection of the general rape law.

 

2000 –  Economic Coalition for Children – Put together a coalition of organizations from across the state, interested in the economic well-being of children, to alert and activate them concerning numerous pieces of legislation detrimental to children’s economic interest.

 

1999 –  Victims’ Protection Act – Drafted and passed legislation that provides for an individual with a court order of protection regarding domestic violence to request that public utilities and government agencies keep records pertaining to their residence and location confidential.

 

1998 –  Tennessee Economic Council on Women — Drafted and passed legislation to establish the Tennessee Economic Council on Women.  The council will address the economic concerns and needs of women, including but not limited to, employment policies and practices, educational needs and opportunities, childcare, property rights, healthcare, domestic relations, and the impact of federal and state laws.

 

1997  – Domestic Abuse Victims Protection Act-– Drafted and passed bill broadening the protection offered by      Orders of Protection to include minors in the definition of victim, and to provide protection for adults or              minors who are dating or who have dated or who have or have had a sexual relationship.

 

1996 –  Domestic Violence Victims Health Insurance Protection Act — Drafted and passed bill prohibiting health insurers from denying coverage or refusing to pay benefits to victims of domestic violence if the denial is based on the applicant’s status as an abuse victim.

 

1995 –  Domestic Violence Act — Drafted and passed bill creating Domestic Violence State Coordinating Council for the purpose of designing a domestic violence training course and curriculum for law enforcement and judicial personnel.  The law requires continuing education in dealing with domestic violence cases.

 

1994 –  Fairness in Appointments Act — Drafted and passed bill providing for alternating appointments of women to the Tennessee Board of Education, Board of Regents, UT Board Trustees and Tennessee Higher Education Commission until membership on these board reflects the proportion of men and women in the population generally.

               

Reproductive Freedom – Continued annual effort in concert with other organizations to resist further restriction on reproductive rights.

 

1993 –  Sexual Harassment Act — Passed bill defining sexual harassment and requiring that notice of the law be mailed to all employers in the state.  The law also provides that workshops to prevent sexual harassment be made available to all state employees.  Further, it creates workplace policies governing employee conduct on the issue.

 

1992 –  Open Appointments Act — Drafted and passed bill requiring Secretary of State to publish annually a directory of board and commissions and to publish monthly a listing of vacancies.

 

1991 –  Homemaker Protection Act — Drafted and passed bill to insure that during the course of divorce, homemaker’s contribution would be considered equally with contribution of wage earner in division of marital assets.

 

Appointments to Boards and Commissions — Drafted and passed a resolution calling for gender and racial balance in future appointments to state boards and commissions.

 

Reproductive Freedom — Joined with other organizations to support protection of reproductive rights for all women.

 

1990 –  Dropout Prevention Act — Drafted and passed bill in cooperation with League of Women Voters and obtained $600,000 in funding to establish school based child care centers for teen parents in the ten counties with the highest teen pregnancy rates.

 

1989  – Tennessee Child Care Facilities Loan Guarantee Corp — Drafted and passed bill to establish Tennessee Child Care Facilities Loan Guarantee Corp.  Obtained $1,000,000 in funding to guarantee loans for the startup and expansion of child care facilities.

 

1988  – Maternity Leave — Drafted and passed bill to preserve the law by making it apply to pregnancy, childbirth, and nursing an infant, when applicable.

 

Homemaker Protection Marital Property Act —  Drafted and passed bill to reverse a law which created a presumption against equal division of marital property.

 

Marital Property — Drafted and passed bill to insure that the marital estate includes property acquired up to the divorce hearing date and is not cut off as of the separation or filing date, and to make parties accountable for property dissipated in anticipation of filing or between filing and the hearing date.

 

Alimony — Defeated a bill which would have made the rehabilitation alimony law apply retroactively to every divorce decree ever rendered.

 

Child Custody — Defeated the amendment of a bill that appeared to instruct judges to order mothers and fathers to contribute equally to a child’s support regardless of disparity in earnings.

 

1987 –  Maternity Leave — Drafted and passed bill to give women up to four months unpaid maternity leave and allow them to return to their jobs without loss of benefits or seniority.

 

Child Custody — Successfully amended unacceptable bill resulting in acceptable legislation.

 

1986 –  Shelter Services — Drafted and passed bill to provide shelter services to unmarried victims and their children.

 

Family Life Curriculum — Helped persuade the State Board of Education to drop requirement for public hearings before implementation of the Family Life Curriculum.

 

Health Insurance — Drafted and passed bill to improve availability of health insurance for divorced and widowed spouses and dependent children of group policyholders.

 

Protective Orders — Drafted and passed bill to clarify court jurisdiction to issue protective orders.

 

1985 –  Child Sexual Abuse — Joined with others to successfully lobby passage of comprehensive child abuse legislation.

 

Child Support Enforcement — Worked with sponsors to draft, amend and successfully pass vital legislation to help insure the payment of child support.

 

1984 –  Shelter Funding – Played large role in achieving legislation to fund shelter services for child abuse and domestic violence victims.

 

Standard of Need — Helped secure increased medical and other benefits for poor women, children and families through support of AFDC Standard of Need Legislation.

 

1983  – Family Law Act — Drafted and passed comprehensive family law legislation which provided for economic recognition of homemaker’s role as contribution to acquisition of assets of marriage, recognition of pension benefits as marital property, and more equitable distribution of property, alimony and child support.

 

1982 –  Equality Legislation — Drafted and passed bill to revise discriminatory laws to make them apply equally to both genders.