A bill that some fear could have a chilling effect on reporting child abuse is back in the Tennessee General Assembly.

State Rep. Clay Doggett (R-Pulaski) and state Sen. Janice Bowling (R-Tullahoma) are carrying a bill that would prevent the Department of Children’s Services (DCS) from accepting reports of child abuse, neglect or child sexual abuse that don’t include the accuser’s name and contact information.

The bill allows the person accused of abuse to ask a court to order DCS to identify the accuser.

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The bill stalled in March, when the House Children and Family Affairs Subcommittee sent it to summer study. It didn’t get a hearing in the Senate. That House committee is discussing the bill again Tuesday, Sept. 21, at 9:30 a.m.

The legislation could lead to children staying in state custody for longer periods, with greater need for trauma treatment, according to the General Assembly’s Fiscal Review Committee. It estimated that of the roughly 23,700 reports of abuse DCS receives each year, almost 4,000 could go uninvestigated or see a delayed investigation.

That could result “in otherwise preventable prolonged abuse,” stated a report by the committee, certified by interim executive director Bojan Savic.

“However, it is assumed that the majority of these cases would eventually be reported to the Department by someone – a nurse, neighbor, school official, relative – willing to provide their name and contact information,” the report stated.

At the hearing in March, Doggett said accusers often use the shield of anonymity as “a tool of harassment” against alleged abusers, or as a form of “retaliation” if the accused seeks public office.

“It has been said to me that a bill like this would prevent folks from reporting suspected child abuse and neglect,” Doggett said. “It is not our intent with this legislation to, in any way hurt, a child, especially one that is being abused or neglected. But what I have seen in my experience as an adult . . . is that at times, the reporting, through DCS, has been used as a tool of harassment because those who are reporting can do so anonymously.”

“Some of these reports — some, I say — some of these reports have been completely unfounded,” he said. “The real issue that we have is that there is no recourse for that harassment.”

State Rep. Mike Stewart (D-Nashville) said he worried the bill would cause some people not to report, out of fear of retaliation.

“What I would be worried about is this would create a chilling effect on reporting of child abuse” Stewart said.

“You’re in a position of power,” Stewart said to Doggett. “A lot of people don’t approach the world that way. . . If the only job you hold is going to be jeopardized by making one of these reports, and you have children that you yourself have to support, you may not be willing to step forward, and I think it’s asking a little much of our citizens.

“I’m worried that some child will be killed or injured,” Stewart said, “because someone didn’t make a report because they’re afraid of retaliation or other negative consequences.”

Doggett responded that across the judicial system, discovery is a standard part of the process and should be in abuse cases as well.

“They (those accused of abuse) should have that opportunity to stand before their accusers,” he said.

State Rep. Rick Eldridge (R-Morristown) expressed the same concerns as Stewart. Eldridge made a motion to send the bill to summer study, and the subcommittee approved it unanimously.