(a) There is created the Tennessee second look commission. The commission shall review an appropriate sampling of cases involving a second or subsequent incident of severe child abuse in order to provide recommendations and findings to the general assembly regarding whether or not severe child abuse cases are handled in a manner that provides adequate protection to the children of this state.
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Terms Used In Tennessee Code 37-3-803

  • Appropriate sampling: means cases of a second or subsequent incident of severe child abuse selected by the commission from all profiled cases submitted by the department of children's services. See Tennessee Code 37-3-802
  • Commission: means the Tennessee second look commission. See Tennessee Code 37-3-802
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Second or subsequent incident of severe child abuse: means an indicated incident of severe child abuse to a victim who had a prior indicated incident of child abuse or severe child abuse, as determined by the department of children's services. See Tennessee Code 37-3-802
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(b) The commission’s findings and recommendations shall address all stages of investigating and attempting to remedy severe child abuse, including but not limited to:

(1) The reporting, investigating and referring of alleged severe child abuse cases by state agencies and others;
(2) The risk of severe child abuse victims being returned to the custody of the child’s abuser or placed by the state in an environment where the child is at risk of being abused a second or subsequent time;
(3) The procedures used by juvenile courts and courts exercising jurisdiction over criminal and civil child abuse, neglect and endangerment cases;
(4) The laws, rules, or guidelines used to determine whether or not an alleged perpetrator of severe child abuse is to be prosecuted;
(5) The causes of severe child abuse in Tennessee and any preventative measures that would reduce the number of severe child abuse cases in this state;
(6) The manner in which severe child abuse data is collected and used by multiple agencies within the state; and
(7) The representation provided to severe child abuse victims, including but not limited to, representation provided by attorneys, guardians and advocates.
(c) The commission may:

(1) Promulgate bylaws to provide for the election of commission officers, establishment of committees, meetings, and other matters relating to commission functions;
(2) Request and receive the cooperation of other state departments and agencies in carrying out the duties of this part; and
(3) Hold hearings, hear testimony, and conduct research and other appropriate activities.
(d)

(1) The commission shall provide a report to the general assembly on the commission’s progress in fulfilling its duties set out in this section no later than January 1, 2011.
(2) The commission shall provide a report detailing the commission’s findings and recommendations from a review of the appropriate sampling no later than January 1, 2012, and annually thereafter, to the general assembly. Such report shall be submitted to the governor, the judiciary and health and welfare committees of the senate and the civil justice committee of the house of representatives.
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