Abrial’s Law closes loopholes to prevent child abuse in Tennessee
In the ongoing battle against domestic violence and child abuse, Abrial’s Law offers crucial protections for victims of child abuse who are entangled in the complexities of family legal proceedings during Child Abuse Awareness Month, which is commemorated in April.
We are pleased to have passed this legislation through the General Assembly, which was signed by Gov. Bill Lee on April 23, that provides new legal protections for victims of child abuse in our state.
Abrial’s Law is an important step toward our goal of ensuring the wellbeing of all Tennessee children.
Why is it called Abrial’s law?
The name Abrial - meaning protected and secure - represents the thousands of young victims who have unfortunately suffered abuse and neglect.
At its core, this legislation addresses shortcomings in our current legal framework. Far too often, courts return children to the homes of abusive parents due to statutory loopholes and a lack of comprehensive training on domestic violence and child abuse. The consequences for the children can be devastating and perpetuate cycles of trauma and harm.
Abrial’s Law seeks to address some of these alarming cases. In one instance, a victimized child, diagnosed with PTSD as a result of severe abuse inflicted by her father, had a no-contact order in place against him. However, because her younger sister was still allowed to visit her abusive father, the court ordered reunification treatments aimed at reintegrating the victim into the very home where her abuser resided.
Unfortunately, when the court made its decision, it wasn’t allowed to consider the past abuse by the father of a former spouse and two children.
Similarly, another case highlights the egregious oversight of placing children in the sole custody of an abusive parent, despite multiple substantiated allegations of abuse. In this instance, even after 25 investigations by the Department of Children’s Services and five forensic interviews that substantiated sexual abuse by the father, a judge ordered the children be placed in sole custody of the father for five weeks with no contact with the mother.
How Abrial’s Law will improve the lives of Tennessee children
Regrettably, these scenarios are not isolated and happen throughout our state.
Abrial’s Laws will close these legal loopholes by:
● Requiring the court to also consider evidence of abuse to the child’s sibling in custody cases;
● Mandating evidence-based training on domestic and child abuse for judges involved in child custody hearings;
● Stipulating that courts can only order reunification treatment with the parent if it is in the best interest of the child and will not result in further abuse or harm;
● Ensuring that non-abusive parents are not cut off from contact with their child in the event of reunification orders.
With 67,457 cases of child abuse and neglect in Tennessee in 2023 alone, this legislation has the potential to impact the lives of thousands of children across our state, and protect them from this pervasive issue. And while the economic toll is staggering, ranging from $3 billion to $5 billion, the human toll is immeasurable because it reverberates throughout the lives of victims and their families.
The passage of Abrial’s law marks the progress and hope that all Tennessee children are protected and secure. It is a major step forward in our ongoing efforts to break the cycle of abuse and create a safer, more secure future for our children. By enshrining evidencebased practices within our legal system and placing child safety at the forefront of all proceedings, we can improve protections for children and really make a difference in their lives.
State Sen. Becky Massey, RKnoxville, represents Senate District 6, which includes part of Knox County. State Rep. Rebecca Alexander, R-Jonesborough, represents House District 7, which includes part of Washington County.