Tennessee can protect children who get in trouble by giving parents quick access to them
Parents must have a right to quickly contact their children who run afoul of the juvenile justice system.
As therapeutic foster parents, my wife and I were prohibited from contacting our son for 24 hours after he was picked up from school by the police.
While we must support law enforcement keeping our communities safe, children in a perilous legal position can’t be left to fend for themselves. Senate Majority Leader Jack Johnson, R-Franklin, and Rep. William Slater, R-Gallatin, are actually doing something about it.
After penning an article about our experience with the Williamson County Juvenile Justice Center, I received a flood of comments highlighting differences in treatment of juveniles and their families across Tennessee. I spoke about the issue with Super Talk 99.7 host Matt Murphy at length.
One call after another rolled in with stories of folks who were cut off from their minor children because of ambiguous detention center policies. From one location to the next, the rules were both inconsistent and difficult to ascertain.
Parents must be able to connect with their kids when they are in trouble
Senator Johnson heard about the issue on the radio and gave me a call to offer his assistance. A few weeks later Johnson and Slater introduced SB2507/HB2665. The short measure awaits a vote on the floor of both the House and Senate.
The legislation requires facilities to allow at least one telephone call and one 30-minute in-person visit with the child’s parent, guardian, or legal custodian “as soon as practical” after a request is made but no later than the first 24 hours after a child is admitted.
The call or visit may be delayed up to six hours if the child is subject to disciplinary action such as a cooling off period after violent behavior.
The measure also sets a minimum of three separate phone calls and one in-person visit per week.
Minors cannot waive legal rights before speaking to a parent or attorney
Minor children make mistakes, some of them are more serious than others. We shouldn’t insulate them from the consequences of their actions, but parents carry the responsibility of walking them through the process. Our goal with the juvenile justice system is to help kids move down a better path, so they don’t become future inmates. Parents are a critical part of the success or failure of that endeavor.
Guaranteeing quick parental access across Tennessee is a necessary step that will not only help the families involved but also our communities.
This law is a great first step, but there’s more work to be done on the issue. The state must ensure that minors cannot waive their legal rights against self-incrimination prior to speaking with a parent or attorney. We don’t allow them to vote, smoke, buy beer, or enter into most binding contracts. More importantly, many Tennesseans teach our children to be respectful of law enforcement and answer their questions. We shouldn’t then put them in a situation where their unwitting compliance could be used against them in court.
I’m grateful to have responsive legislators like Johnson and Slater who are looking for opportunities to address real issues facing our communities. Hopefully, their legislative colleagues have the wisdom to back their efforts and put the legislation on Governor Bill Lee’s desk soon.
USA TODAY Network Tennessee Columnist Cameron Smith is a Memphis-born, Brentwood-raised recovering political attorney who worked for conservative Republicans. He and his wife Justine are raising three boys in Nolensville, Tennessee. Direct outrage or agreement to [email protected] or @DCameronSmith on X, formerly known as Twitter. Agree or disagree? Send a letter to the editor to [email protected].
This article originally appeared on Nashville Tennessean: Juvenile justice: Give parents quick access to children in trouble