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Tennessee foster children file class action lawsuit against DCS leaders
Tennessee foster children file class action lawsuit against DCS leaders

Yahoo

time21-05-2025

  • Yahoo

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@ 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'

Lawsuit: ‘Tennessee's foster care system is failing children it is intended to protect'
Lawsuit: ‘Tennessee's foster care system is failing children it is intended to protect'

Yahoo

time21-05-2025

  • Yahoo

Lawsuit: ‘Tennessee's foster care system is failing children it is intended to protect'

Margie Quin, commissioner of the Tennessee Department of Children's Services, is now named as a defendant in two proposed class action lawsuits alleging DCS warehouses and mistreats children (Photo: John Partipilo) Foster kids in Tennessee are being denied the basic right to education, healthcare and stable homes and instead kept in unsafe institutions or bounced through multiple foster families for years at time, a lawsuit filed Monday on behalf of 13 children alleges. The lawsuit, spearheaded by a national team of child welfare attorneys, is seeking court approval for class action status in order to represent all 9000 children in the state's foster care system. It alleges that the Department of Children's Services (DCS) has persistently violated children's constitutional rights and federal law, including Americans with Disabilities Act protections for kids with disabilities. The suit seeks a sweeping court order forcing the agency to comply. 'Tennessee's foster care system is failing children it is intended to protect,' said the lawsuit, filed Monday in a Nashville federal court. DCS 'warehouses children in spaces which lack the basic necessities of life, including adequate food, bedding, soap and potable water,' the legal filings said. Kids fortunate enough to get a spot in a foster home, instead of an institution, are 'moved from place to place without the opportunity for a stable childhood,' it said. A DCS spokesperson referred a request for comment about the suit to the Tennessee Attorney General's office, which declined to comment. It is the second class action lawsuit filed in recent months against DCS alleging gross mistreatment of children the agency is mandated to protect. Class action complaint accuses Tennessee Department of Children's Services of abusing disabled kids DCS operates with more than $1.2 billion in state and federal funding annually to oversee two main areas of responsibility. The first focuses on child abuse and neglect. The agency investigates allegations of abuse, oversees the state's foster care system and provides services that help keep struggling families together. The second is juvenile justice programs. The agency houses youth who have gotten tangled up with the state's juvenile justice system for offenses that range from missing school to committing crimes. While Monday's lawsuit focuses on the actions or inactions by DCS in caring for children who have been abused or neglected, a class action lawsuit filed last year alleges a series of failures that have harmed kids with disabilities tangled up in DCS's juvenile justice system. That suit remains ongoing. Both lawsuits seek court-ordered changes to the way DCS operates. Monday's 74-page lawsuit details the unstable lives of multiple children who have been in DCS custody for years. Among them is 15-year-old 'Darnell,' a pseudonym used in court filings to protect the teen's privacy. At eight years old, Darnell made his way to a fire station for help after being struck in the face then abandoned on the side of a road by his mother. DCS took custody. In the eight years since that day, Darnell has been placed in at least 14 different settings. Darnell has spent half of his childhood in institutions that his DCS caseworkers acknowledge were unsuitable for his needs. Those institutions fail to provide even basic necessities to children living under their roofs. Living in limbo: DCS places kids indefinitely in group homes awaiting 'evaluations' 'His (appointed legal advocate) offered to buy him a Christmas present and asked what he wanted. The only thing Darnell wanted was his 'own deodorant stick,'' the lawsuit noted. Darnell struggled academically, but DCS failed to get him educational testing or advocate for individualized education plans to provide him extra in-school help. Instead, during one four-month stint outside of an institution, DCS falsely promised foster parents hoping to adopt Darnell that he was a 'straight A student.' When Darnell instead struggled in school and acted out at home, the family cited a lack of information and support from DCS in ending the foster care arrangement. Darnell's former legal guardian continues to supply him with clothing and hygiene products inside the institution where he currently lives. The guardian has undergone all required training to become his foster parent. Despite her persistence in advocating Darnell come home with her, he remains in an institution where, he told juvenile court officials earlier this year, he feels unsafe. The lives of other children in DCS custody detailed in the lawsuit include prolonged separation from siblings, sexual abuse, the use of inappropriate restraints and lengthy stays in temporary settings intended to house children for no more than 30 days. Children in DCS care are 'deteriorating physically, psychologically, emotionally and educationally,' the lawsuit said. DCS seeks $189M in new funding with plans to target rural counties with high foster care rates The agency has come under public scrutiny in recent years as reports emerged of children sleeping on state office floors due to a lack of a suitable foster home beds, allegations of sexual abuse in privately run institutions, caseworkers struggling with impossible caseloads and rampant turnover among disillusioned employees. In response, Gov. Bill Lee and state lawmakers appropriated significant additional funding for the agency in 2023 to hire and train caseworkers, contract with private companies to provide institutional and foster care and create new temporary 'assessment centers' and other facilities to house children. The lawsuit alleges that, despite new funding, little has improved in the lives of children still in state custody. Assessment centers are intended for a maximum of a 30-day stay in order to determine the best type of treatment and housing for children who have suffered abuse or neglect. Kids in state custody forced to sleep on floors in state office building Instead, most children are there for far longer, living in 'draconian conditions more commonly found in adult prisons,' the suit claims. The centers are frequently staffed by sheriff department personnel, not child welfare workers; DCS has authorized the use of shackles on children taken off site for doctors appointments and pepper spray to subdue them. Young victims of abuse are housed at the centers alongside teens accused of crimes, the suit noted. 'Children charged with violent criminal offenses are placed together with children removed from their homes due to the trauma of inflicted violence,' the suit said. 'Boys with rape and assault charges are placed together with girls.' The suit echoes similar claims made against the agency more than two decades ago, when a 2000 class action lawsuit alleged children in DCS custody were deprived of education, healthcare and other rights, and subjected to egregious living environments That lawsuit, known as 'Brian A.,' led to 17 years of federal court oversight requiring the agency to meet basic benchmarks in their treatment of children. The oversight formally ended in 2017. 'The system quickly declined to a point even worse than it was in 2000, and now subjects children to a wide range of harms,' a statement from attorneys filing suit this week said. The law firms filing suit are Bass Berry & Sims, A Better Childhood, The Barbara McDowell Social Justice Center, Willkie Farr & Gallagher and Wang Hecker. The lawsuit names the Department of Children's Services as defendant along with Commissioner Margie Quin, Deputy Commissioner Carla Aaron and Deputy Commissioner Karen Jointer Bryant. 2025.05.19 Complaint SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX

Dolly Parton Celebrates Dollywood's 40th Season: ‘This Was a Dream of Mine'
Dolly Parton Celebrates Dollywood's 40th Season: ‘This Was a Dream of Mine'

Epoch Times

time03-05-2025

  • Entertainment
  • Epoch Times

Dolly Parton Celebrates Dollywood's 40th Season: ‘This Was a Dream of Mine'

Country star Dolly Parton is celebrating the 40th anniversary of her beloved theme park, Dollywood. On Friday, the 'Jolene' singer made a special appearance at the family-friendly attraction, which first opened its doors on May 3, 1986, in Pigeon Forge, Tennessee. 'Can you believe it's been 40 years here?' Parton, 79, 'I used to think, 'If I am successful, I want to go back home and build something and do something that will be a wonderful thing for my area, for my family, and for all my friends and neighbors, and a place for other people to come and share that.'' During a video montage about the park's history, Mark Ezell, Tennessee's tourism commissioner, expressed gratitude to Parton for supporting the local community. 'We are so grateful for all that Dollywood means to the state of Tennessee,' he said. 'On behalf of Governor [Bill] Lee and the 7 million Tennesseans, we ... thank you, and congratulations on this 40th anniversary.' Related Stories 3/29/2025 3/7/2025 Parton added: 'This was a dream of mine and it actually happened.' To mark the milestone, the 10-time Grammy Award-winner debuted 'The Dollywood Collection: Celebrating 40 Years of Music & Memories.' The compilation album features nearly a dozen of the singer's songs played at the theme park, including an orchestrated version of her 1974 single 'Love Is Like a Butterfly.' Parton has also partnered with the Tennessee Department of Children's Services and Every Child TN, a statewide initiative that aims to support those in foster care, to offer foster kids throughout the state a free trip to the park to 'experience the fun at Dollywood,' the singer said. 'This exclusive offer is designed to create lasting memories in a welcoming, fun-filled environment,' the park's website Dollywood, which is located in the foothills of the Great Smoky Mountains, officially kicked off its 2025 season on March 14, just shy of two weeks after Parton's longtime husband, Carl Thomas Dean, died at the age of 82. The couple dated for two years before marrying in a private ceremony on May 30, 1966. 'Carl and I spent many wonderful years together,' the singer

Tennessee Senate passes bill requiring schools check immigration status of students
Tennessee Senate passes bill requiring schools check immigration status of students

Yahoo

time10-04-2025

  • Politics
  • Yahoo

Tennessee Senate passes bill requiring schools check immigration status of students

Tennessee Senate Republicans passed legislation that will require all Tennessee schools to verify citizenship or legal immigration status from incoming students despite some GOP opposition and heated protests in the Capitol. The controversial education measure would also allow Tennessee schools to charge tuition for students who can't prove their status and deny enrollment to students who can't pay. The bill passed on a 19-13 vote after an at-times emotional debate, with multiple opponents of the bill asking lawmakers to refer to their Christian faith when making a decision about policy aimed at children. Despite the support from high-ranking Republicans, support for the measure has not fallen neatly down party lines. On April 10, seven Republicans voted against the measure. Sen. Todd Gardenhire, R-Chattanooga, and Senate Pro Tem Ferrell Haile, R-Gallatin, are among the GOP lawmakers who voted against the measure in committee and on the Senate floor, each resistant to the idea of drawing children into an immigration policy debate. Haile rose on the Senate floor, where he sits next to Senate sponsor Bo Watson, R-Hixson, to oppose the bill, reciting a Bible verse from Ezekial that the "child will not share the guilt of the parent, nor the parent share the guilt of the child." The senior Republican said he agrees with the fundamental goal of Watson's legislation, and thinks the state does need a way to determine how many students in Tennessee are in the country without legal status and if the population is "costing the state of Tennessee to educate those who are not legally present." "I believe that we are punishing children for the wrongdoing of their parents," Haile said. "I don't think that's the proper way to do it. We need to address the issue itself, rather than using children as a pawn in this." Sen. Page Walley, R-Savannah, said he believes parents of undocumented students should be held accountable if they've broken the law. But he opposes the bill due its impact on children. "Children should not be part of these kind of policy debates," said Walley, who previously served as the Tennessee Department of Children's Services commissioner. "They should not be caught in the crossfire of that." The Senate bill remains at odds with its House companion bill, which faces a final committee hearing the week of April 14 before it can go to a full House vote. As the legislature races toward an end to its 2025 legislative session, expected within the next two weeks, the immigration measure will likely face last-minute negotiations. Watson insisted on the Senate floor the bill is "permissive," meaning schools can decide whether to charge tuition or block enrollment. But the bill does contain a mandate on schools to verify citizenship or immigration status. The House sponsor, House Majority Leader William Lamberth, R-Portland, meanwhile, has repeatedly said he does not want to issue a statewide mandate. Watson suggested on the Senate floor nonprofit organizations might step up to pay tuition costs for students who can't pay, stating children won't necessarily be blocked from education as a result of the bill. "The bill does not prohibit private school, it does not prohibit home schooling, it does not prohibit individuals or entities from providing tuition. It doesn't prohibit any of that," Watson said. Sen. Charlane Oliver, D-Nashville, warned of downstream community effects if children are blocked from an education. "They didn't ask to cross over the border," Oliver said. "They didn't ask to be brought here. Let's not pick and choose which children are worthy of our protection." The legislation has drawn repeated protests from education and immigrant advocates, and hundreds of protestors lined the halls outside the Senate chamber on April 10 as lawmakers inside the chamber debated the measure. In the Senate gallery, protestors held aloft signs that read, "let kids learn" and "kindness is a virtue." With final passage, Senate Bill 836 officially differs significantly from its companion House bill. Both House and Senate sponsors were initially on the same page about the measure, even issuing a joint press release when the bill was filed, but the bills have since diverged. The Senate version would place a mandate on Tennessee schools to collect citizenship or immigration documents, though schools could then decide individually what to do with local children seeking to enroll. The House version would allow, but not require, schools to collect the same documentation. If a version of the bill becomes law, it will almost certainly trigger a lawsuit. Even Watson and Lamberth believe the measure would likely be initially blocked in the courts, given a long-standing federal precedent guaranteeing access to education to children despite their immigration status. The sponsors in February explicitly said they hope to trigger such a lawsuit and set in motion a legal case that could rise to the U.S. Supreme Court, with the goal of challenging a 1982 case called Plyler v. Doe out of Texas. Watson said on the Senate floor the Tennessee Attorney General's office would bear the costs of any lawsuit over the bill, not an individual school system. In addition to hoping to trigger a landmark legal case, supporters of the bill have argued undocumented students have become a financial strain on Tennessee schools, where English language learning costs have grown in recent years. Sen. Ken Yager, R-Kingston, said on the Senate floor Tennessee has an "oustanding education system" that takes a lot of money to run. "In order to provide for all of our children the education we seek and need, we have to pay for it," Yager, the Senate Republican caucus chair, said. "This bill provides a permissive way for us to make sure we have equitable support for all who want to use our system." Still, even undocumented immigrants in Tennessee are paying into local school systems, especially given the state's tax structure and its reliance on sales tax revenue. Watson has acknowledged in committee hearings that there is no evidence there is a direct correlation between those costs and undocumented students. Education advocates have testified the majority to English language learners are U.S. citizen or legal residents. Additionally, it's unclear if the legislation would result in any cost savings at all for Tennessee. Under a new funding formula requirement passed in concert with Gov. Bill Lee's new voucher program, school districts would be funded at steady levels even if they lose students. The bill's fiscal note states the measure could threaten more than $1 billion in federal education funding if the state is found to run afoul of civil rights law. Democrats have also warned about additional administrative burdens on local schools if they're required to wade through complicated immigration documents to ascertain legal status. Though Watson has previously suggested it should be a relatively simple matter to prove legal immigration status, recent rules developed in the state's voucher program show how complicated the process can be. The rules outline 10 different types of legal legal immigration statuses the state would recognize, ranging from refugees and asylum seekers admitted under certain federal laws to non-citizens granted at least temporary parole into the U.S. and trafficking victims who have pending applications for certain non-immigrant status. Sen. London Lamar, D-Memphis, opposed the bill for "putting vulnerable children at risk," but also argued the logistics will turn schools into "checkpoints" for complicated immigration issues. "I think it's going to be very difficult to actually do," Lamar said. Rachel Wegner contributed to this report. This article originally appeared on Nashville Tennessean: Tennessee Senate passes bill requiring schools check immigration status

Missing teen last seen on doorbell camera found safe one year later, Georgia cops say
Missing teen last seen on doorbell camera found safe one year later, Georgia cops say

Miami Herald

time17-03-2025

  • Miami Herald

Missing teen last seen on doorbell camera found safe one year later, Georgia cops say

More than a year after vanishing, an Atlanta-area teen has been found safe, Georgia police said. Asata Amun has been in the care of the Tennessee Department of Children's Services since February 2024, the same month she went missing, Gwinnett County Police said in a March 17 news release. Investigators said she had been using a fake name. 'A breakthrough in the case occurred when a Tennessee Department of Children's Services case manager identified inconsistencies in Asata Amun's statements, prompting further research into missing children in Georgia,' according to police. 'This led to contact with the Gwinnett County Police Department,' authorities said. Amun's father reported her missing Feb. 1, 2024, police said. The then-16-year-old was last seen on a doorbell camera running out the front door of the family's home in Buford, and authorities said she didn't take any of her belongings. At the time, the teen's family told police that Amun had been disciplined at school the day before she vanished but said she never talked about running away. Authorities said they're still investigating the circumstances of her disappearance. Buford is about a 40-mile drive northeast from downtown Atlanta.

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