Tennessee foster children file class action lawsuit against DCS leaders
A group of foster children accused top leaders of the Tennessee Department of Children's Services of failing to protect them and others in the department's care in a scathing new lawsuit.
The class action suit was filed on May 19 in federal court by 13 foster children ages 1-16, alongside their legal representatives. It named DCS Commissioner Margie Quin and two of her deputies, Carla Aaron and Karen Jointer Bryant, as defendants.
The 74-page suit details a litany of issues with DCS from 2017 onward, which marked the end of federal oversight of the department following Brian A., et al. v. Bredesen, et al., a previous lawsuit known commonly as Brian A.
The new lawsuit says DCS has since failed to protect children from harm, investigate sexual abuse claims, vet foster parents and provide proper mental health and educational support for children in custody. It also says the department continues to overburden caseworkers, despite Quin's claims in recent years that caseloads were capped for new hires.
The suit went on to say DCS committed "widespread and systematic" violations of children's rights, including unsafe placements in transitional homes or inadequate facilities like state offices and hotels for months on end. It also lambastes the state's reliance on privately owned facilities to place children as a foster family shortage continues.
More: Tennessee children are still sleeping in DCS offices despite transitional home expansion
New York-based nonprofit A Better Childhood is representing the children in the lawsuit, along with law firm Barry, Bass and Sims. Marcia Lowry, a lawyer who worked on the Brian A. lawsuit, now directs the nonprofit.
"It is very troubling that Tennessee turned its back on protecting children after the Brian A. lawsuit ended,' Lowry said in a May 20 news release from the organization. "This foster care system got better when the state was under a court order, but those efforts disappeared after court oversight ended. It is sad to think that Tennessee foster children have to fight this fight again."
A spokesperson for the Tennessee Office of the Attorney General, which represents DCS and its leaders, declined to comment on the case.
DCS has been under a wave of scrutiny since 2022 when it was revealed that hundreds of kids were spending nights in state office buildings as the agency struggled to find immediate placements for them. The revelations came just a few months after Quin took over leadership of the department.
In March 2023, Quin told state lawmakers that children were no longer sleeping in DCS offices. However, Tennessean reporting revealed that children began staying in DCS offices again by November 2023. The trend continued into 2024 and this year, albeit at a much lower rate than before.
Earlier this year, DCS told The Tennessean the issue stems from a growing number of children with severe behavioral or medical needs who can't safely be placed in temporary, transitional homes. The department also has grappled with securing beds for children through private health care partners.
In February, Quin told The Tennessean the lack of beds for children with intensive behavioral needs is an ongoing concern, but said things have improved since the state increased its provider payment rates by nearly 10% since 2022.
When asked why the state does not have its own facilities for children with complicated needs, Quin's answer was direct: "Because we don't do that well. We don't need to do that."
Quin also said she has worked to cap caseloads for new hires and expand training, raise salaries and bolster retention for caseworkers.
More: Tennessee's DCS commissioner came onboard amid 2022 crisis. Here's what's changed in her first two years.
The new class action lawsuit is the latest in a series of lawsuits against DCS. A lawsuit filed in July 2023 said DCS failed to connect undocumented immigrant children with a federal program that would give them a path to lawful permanent residency, also known as a "green card." In 2024, a judge approved a final settlement that included a comprehensive DCS policy change to support immigrant youth.
In February 2024, a Black couple filed a lawsuit against multiple DCS employees, Tennessee Highway Patrol troopers, Coffee County and its sheriff's deputies after their five small children, including a breastfeeding baby, were taken away from them after a March 2023 traffic stop. In June 2024, a lawsuit filed by three families and Disability Rights Tennessee, a nonprofit legal services organization, claimed unconstitutional mistreatment and "barbaric violence" faced by young people with disabilities in juvenile detention centers. Both cases are ongoing.
Rachel Wegner covers education and children's issues for The Tennessean. Got a story you think she should hear? Reach her via email at RAwegner@tennessean.com. You can also find her on Twitter or Bluesky under the handle RachelAnnWegner.
This article originally appeared on Nashville Tennessean: Tennessee foster kids sue DCS: 'Turned its back on protecting children'
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