TENNESSEE DEPARTMENT OF CHILDREN'S SERVICES: 2000 - PRESENT
COMPILED BY THE OFFICES OF SEN. HEIDI CAMPBELL AND REP. GLORIA JOHNSON
The information below is a chronological index of issues, legislation, and reporting related to problems within the Tennessee Department of Children’s Services. This list is ongoing: it will be updated with new information, legislation, or reporting as needed.
If you would like to share your experiences or concerns with us, please email: tndcsconcerns@gmail.com
PRE-BRIAN A. LAWSUIT
For years, Tennessee lawmakers were aware of issues within the Tennessee Department of Children’s Services. By the late 1990s, staffing and resources within the Department could not keep up with the increasing number of children in foster care. As a result, children were being put at risk, their needs neglected. Children were being kept in overcrowded emergency shelters for weeks at a time. They were moved from placement to placement with little warning. They were prevented from being in touch with siblings and other family members. They were placed in group facilities that were not age appropriate. Overworked caseworkers carrying too many cases were unable to service the children assigned to them. Basic education needs were falling through the cracks. Far too many children were unnecessarily left to grow up in the custody of the state.
BRIAN A. LAWSUIT
2000 In 2000, concerns about the State of Tennessee’s Department of Children’s Services (DCS) led to a class action lawsuit focused on improving the state’s child welfare policies, programs, and outcomes. To address the concerns, Children’s Rights, a non-profit public interest advocacy organization, filed a federal class action lawsuit in 2000 against the Governor of Tennessee and the Commissioner DCS “on behalf of all foster children who are or will be in the custody of DCS” after decades of failed attempts to improve the agency’s treatment and placement of children in DCS custody. The lawsuit was named for Brian A, a then 9-year-old child living in a Shelby County emergency shelter.
The civil complaint detailed problems in nearly every area of DCS’s reach, citing improper placements, failure to provide for educational and mental health needs of children, unreasonable delays in the adoption process, and problems with casework, management, training, records and treatment of families. The federal lawsuit charged that DCS placed thousands of children under its care in danger and at risk of harm.
2001
The state settled the lawsuit one year later by agreeing to implement a far-reaching plan to overhaul the department, with the court overseeing the process until problems in 13 separate areas were resolved.
2003
In late December of 2003, the State announced the settlement of a contempt motion stemming from the Brian A. lawsuit. As part of the settlement, the State: agreed to develop an implementation process for complying with the requirements of the “Brian A.” Settlement Agreement reached in July 2001; and extended the term of the agreement an additional 15 months.
Department of Children’s Services (DCS) Commissioner Viola Miller and lawyers for the State hammered out the agreement with plaintiffs’ attorneys. Leading the talks were member sof the Technical Advisory Committee, a group of nationally recognized experts in the field of children’s welfare. The TAC was convened under the authority of the original settlement agreement to assist and guide DCS in implementing the plan.
The TAC was charged with reviewing the settlement agreement and developing a clear framework and timetable to guarantee DCS meets the terms of the settlement agreement. That group conducted a wide-ranging review of every requirement under the settlement agreement.
DCS Commissioner Viola Miller expressed her commitment to meeting the terms of the settlement agreement:
“Settling the contempt motion represents an important step forward for the State. With the extra time negotiated as part of the agreement, I feel strongly that working with the Technical Advisory Committee we can comply with the settlement agreement and make some real progress toward addressing the issues raised in the Brian A. case.”
2012
Between 2001 and 2012, the state made progress meeting those goals in some areas, even writing an “exit plan” in 2010 that required the state to meet the goals and maintain the progress for 12 months in a row. During that time, the state continued to pay to be monitored as a condition of the lawsuit, budgeting $190,000 in 2011 to pay for monitoring and another $250,000 to pay for staffers who work with the monitors.
On October 24, 2012, the state announced that U.S. District Court Judge Todd Campbell approved a modified settlement agreement, acknowledging the state’s improvement in four areas of caring for children in state custody: 1) compliance using new standards for using job evaluations to promote or discipline employees 2) responding to inquiries from potential foster families within seven days 3) conducting exit interviews, and 4) an annual report on families who leave the system to recruit new families and help them thrive.
For the most part, in 2012, the state continued to maintain in areas it already had improved, but progress was slowed with the implementation of a new computer system that was supposed to allow the agency to more efficiently enter, track, and retrieve data. Instead, the defective TFACTS system, for which DCS lacked infrastructure, cost the state millions of dollars.
2018
The General Assembly unanimously passed legislation during the 2018 legislative session (filed in 2017) that, as amended, requires DCS to maintain case manager staffing levels so that case manager caseloads do not exceed an average of 20 active cases relating to initial assessments or an average of 20 children monitored and supervised per case manager.
The bill (SB1168) was sponsored by Hensley in the Senate (Sen. Lee Harris co-sponsored) and Courtney Rogers in the House (HB972). Staples, Hardaway, Jones, Keisling, Lynn, Weaver, Clemmons, Coley, Eldridge, Parkinson, Calfee, Terry, Powell, Butt, Gilmore, Favors, Miller, Hazlewood, Forgety, Windle, Turner, Crawford, Love, Kumar all co-sponsored in House.
Initially, the bill required DCS maintain staffing levels of case managers so that each region has enough case managers to allow caseloads to be at not more than 20 active cases relating to initial assessments, including investigations of an allegation of child abuse or neglect, or 20 children monitored and supervised in active cases relating to ongoing services.
The amendment said that DCS shall maintain staffing levels of case managers so that each region has enough case managers to allow caseloads not to exceed an average of 20.
The original fiscal note, and the amended fiscal note both indicated that the fiscal impact was not significant.
Based on information provided by the DCS, staffing levels of case managers currently allow for the average caseload within each region to be within the proposed caseload caps. It is assumed that the DCS will be able to continue to operate under the caseload caps, without incurring any additional expenditures. Any fiscal impact is estimated to be not significant.
Bill limiting DCS caseloads passes House
Feb 17, 2018 | TSEA
2019
March 2019
The U.S. District Court, Middle District of Tennessee formally dismissed the Brian A. lawsuit.
POST-BRIAN A LAWSUIT
January - May
During the legislative session, Hensley filed SB616 (HB921 was sponsored by Cepicky in the House). This legislation would have required a maximum caseload of 20 for case managers and would have created a maximum caseload of 10 for foster care case managers.
The fiscal note for SB616(2019) was:
Increase state Expenditures - $26,804,800
Increase Federal Expenditures - $21,421,600
The bill was amended and would have required DCS to maintain staffing levels of case managers so that each region has enough case managers to allow caseloads to be at no more than 20 active cases relating to individual assessments including investigations of an allegation of child abuse or neglect , or 20 children monitored and supervised in active cases relating to ongoing services.
The amended fiscal note (2019) was:
Increase state Expenditures: - $1,146,200
Increase Federal Expenditures - $916,000
The bill was sent to General Sub in the Senate and placed behind the budget in the House.
DCS Caseloads Bill passes House Children and Families Subcommittee
Mar 15, 2019 | TSEA
2020
October 2020
Channel 4 reported that DCS was placing dangerous and violent children in foster homes without disclosing their history to the foster parents, putting them and other children in the home at risk.
The family is among five others that went on the records with News4 Investigates, detailing how they say the agency withheld information about children with histories of violence of sexual behavior.
News4 Investigates also spoke with other families who could not go on the record.
“(DCS) may not be arrested for it – but they should,” said Jon Hageman, a foster father, who said when a 17-year-old was placed in his home, the state provided a checklist citing he had no history of destruction of property or violence. Not long after the 17-year-old came to live with Hageman’s family, the teenager flew into a rage, breaking a TV, punching a door and smashing dishes....
“Some of these families have documentation that shows information was withheld from them,” News4 Investigates asked the commissioner.
“I’m telling you, if that was done, it’s wrong. People should know what they’re getting into. And you know what – the children deserve – the children deserve to go into a home that is fully appraised of whatever is brought into that home,” Nichols said.
Nicols also said that they monitor the average caseload for DCS workers each month.
DCS numbers show, the average number of caseloads per worker is up, from roughly 14 last year to 17 this year.
DCS records show histories of violent children kept from foster families
Oct 29, 2020 | WSMV | Jeremy Finley
December 2020
Channel 4 interviewed former DCS employees about children with violent histories being placed with unsuspecting foster families.
A former longtime employee of the department of children’s services provided News4 Investigates documentation of children with violent histories that were placed with foster families in Nashville who were not trained to handle high-risk placements.
“You’ve seen our story. Was any part of it inaccurate?” asked News4 Investigates.
“No. Every bit of it was true,” said the former employee.
“Why did you decide to come forward?” asked News4 Investigates.
“In seeing the way that foster parents have been treated. For years. It was very disturbing to me,” the former employee said.…The former employee said the reason parents are so astonished is that DCS routinely places children with violent histories with families who are not trained to handle children with violent pasts.
Former DCS employee: Agency is placing violent children with untrained families
Dec 10, 2020 | WSMV | Jeremy Finley
December 2020
An audit of DCS found that case managers continue to juggle caseloads that are too high. The audit found that as many as 20 percent of caseworkers were responsible for more than 20 families — some carrying those high caseloads for months at a time: 252 case managers carried more than 20 cases each month for at least 6 months; 125 case managers carried more than 20 cases for a year.
DCS officials noted the 2018 legislation required the department to have an average by region, not by individual. They have done that, said Doug Dimond, the department’s general counsel, who helped craft the law.
“We have process in place that satisfies legislative intent, which was to make sure that we had an average caseload of 20 case managers per child,” Dimond told lawmakers last week.
“You could do a hard case cap, but if you do that you’re going to have to fund us tremendously beyond what we are now or we’ll be lawbreakers from the moment you pass a hard cap,” Dimond said. “You can’t ensure that every case manager, every day, will have 20 cases, period, with children coming overnight, exiting overnight, coming in again. It’s impossible to ensure that without tremendously over-resourcing case managers.”
Auditors noted that DCS measured their caseworkers’ average caseload by taking a one-day snapshot of case counts each month. That snapshot doesn’t provide the full picture, the audit noted. That includes hundreds of caseworkers who are consistently carrying more than 20 cases for months at a time — the very type of situation the legislation was meant to address.
“Averages require other information like standards of deviation and in the case of time how long the average has been in effect, so I suggest you consider changing your reporting,” said Sen. Kerry Roberts, R-Springfield.
Audit of Department of Children's Services finds caseloads are still too high, despite law imposing limits
Tennessee Lookout - Dec 14, 2020 | Tennessee Lookout | Anita Adwhani
December 2020
Channel 4’s reporting on the audit included the reaction of foster parents:
Families told News4 Investigates that they believe their caseworkers were overburdened with too many cases and were desperately trying to place children in homes, even if it meant not being upfront about the children’s histories.
The average number of caseloads for a caseworker in Tennessee is supposed to be 20.
“Our case workers have 40 cases. 40!” said John Hageman, a DCS foster parent.
In fact, auditors with the Comptroller’s Office found 35 instances where DCS caseworkers had 40 cases.
“The department’s data shows that anywhere from 18 to 28 percent of those case managers had more than 20 cases,” said John Dunn, spokesman for the Comptroller’s Office. “When too many cases are assigned to a case manager, that manager will not have the time in every instance to devote to those children.”
DCS Commissioner Jennifer Nichols said because of staff turnover and some children literally arriving overnight in some cases, there will be times when caseworkers have beyond 20 cases.
“There are always going to be outliers where people are going to have more cases than they should. That’s due to a number of different issues,” said Nichols.
In the committee hearing, lawmakers suggested that perhaps the law needed to be changed to specifically identify how often DCS should be checking workers’ caseloads.
Nichols said they are already checking the caseloads once a month to keep track.
The committee voted to allow DCS to continue operating, something that state Rep. Gloria Johnson, D-Knoxville, said left her shaken
“I have deep concerns about this department,” said Johnson. “I was disgusted. I was scared for those kids and I didn’t feel good about what we did in there.”
State auditors blast DCS for overburdened caseworkers
Dec 9, 2020 | WSMV | Jeremy Finley
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The 2020 DCS Performance Audit can be found here.
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The 2016 DCS Performance Audit can be found here.
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The 2014 DCS Performance Audit can be found here.
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The 2010 DCS Performance Audit can be found here.
2021
April 2021
The Tennessean reported on how issues within DCS were resulting in critical being lost in the system and falling through the cracks.
When the DCS caseworker turned the children over to the Macfarlanes, he didn't know their names, Rebecca Macfarlane said. More than a year later, the children's names still are incorrect on court documents, she said.
"This is a huge thing," she said, "because without correct spelling of their names, they won't show up in TennCare insurance records. So it delayed medical and dental treatment for over a month."
The Macfarlanes said DCS could have immediately placed the three siblings with their extended family in Kentucky. But DCS was "paralyzed" by the coronavirus pandemic, they said, letting the case linger instead of doing what was best for the children.
"Everything they could do wrong, they did wrong in this case," said Rebecca Macfarlane, the foster mom. "The truth is DCS dropped the ball."
"They put these kids in our home, and made it impossible to be successful," said Hamish Macfarlane, Rebecca's husband. "We had to fight against the group that was supposed to be protecting them."
Foster care nightmare: 'We must do better,' says Department of Children's Services commissioner
April 29, 2021 | The Tennessean | Keith Sharon
June 2021
Sen. Campbell and Rep. Johnson were put in contact with the individual who works within the Davidson County Juvenile Care Review Board and who himself is a former foster child.
In an email, he explained:
“The Brian A lawsuit went away and DCS took that as an open invitation to ignore everything that had been monitored for the past 13 years prior. In addition the final report out for the lawsuit had different reports than the yearly report for the state. My belief is that the monitoring agency just gave up because fighting with DCS is like running in quicksand. Next, DCS has completely lost control of their contract agencies. DCS, while they may monitor, does not enforce their contracts. (1 example of this is the fact that Lebanon Academy for almost the entire year of 2019-2020 did not have a teacher meaning all highschoolers got no credits).
The family and children are losing out on visitation rights because DCS is not willing, or does not have the staff to ensure it takes place.
DCS does not follow statutory guidelines and falsifies documentation specifically related to noticing the parties. Diligent searches are not done timely- in turn delaying efforts towards permanency both in filing TPRs and in being able to find pre-adoptive homes.
Children linger in placement due to the number of placement changes, the number of FSWs they have, and while the last year has been challenging for DCS it has not changed the need to have the children taken care of. “
In a follow up meeting, he said he was willing to come forward and speak publicly, even if it meant jeopardizing his job.
July 2021
It was reported that police were called weeks before an unannounced DCS visit to a migrant facility, which the agency claimed launched an investigation into child abuse occurring at the Department’s immigrant children facility.
Channel 3 has uncovered police reports that raise questions about when the Department of Children's Services (DCS) learned of allegations of child abuse inside its Chattanooga migrant children facility.
As previously stated, police first learned of the allegation on May 21. A woman at the Baptiste Group called police.
A civilian Teleserve employee took her report, which included the victim and suspect's information. That report was coded as "child abuse."
But, DCS Commissioner Jennifer Nichols said in a joint hearing on June 16 that DCS learned of the allegation during an unannounced visit to the facility 13 days later.
According to a spokesperson for the Chattanooga Police Department, "Investigators did know about the May incident and were investigating when DCS made the call to make their report."
Police reports raise questions of when DCS learned of abuse allegations at Chattanooga migrant children facility
July 9, 2021 | WRCB | Mary Frances Hoots
July 2021
The Tennessee Lookout reported that DCS has stripped its references to the “critical importance” of the COVID vaccine from guidance given to foster parents and removed from its website complete data on the number of kids who have gotten sick. DCS has also stopped providing data on COVID outbreaks in youth detention centers.
The agency has also failed to respond to questions since last week about whether it is following the urging of federal child welfare officials to take immediate steps to ensure kids in state custody get vaccinated.
It’s not publicly known how many kids in DCS care have received a COVID-19 vaccine. Asked how many of these children have been vaccinated, department spokesman Rob Johnson said “we do not track how many children received a vaccine.”
DCS did not respond to questions last week about whether they had followed the federal government’s advice. Instead, DCS appears to have backtracked on the guidance it gives foster parents, who — the agency says — are responsible for deciding whether kids in their care get vaccinated.
A previous version of the guidance, dated March 18, says: “vaccinations against this infection have been determined to be critically important in controlling the pandemic and getting ‘back to normal.’ Vaccines are deemed to be highly effective in prevention of severe infections and death.”
The updated guidance for foster parents eliminates nearly all information about the vaccine. Instead, the document, updated July 20, includes one sentence about the COVID vaccine:
“Foster parents and other care providers are entrusted with the authority and responsibility for the daily upbringing and care of children in their care consistent with the child’s individualized circumstances and in consultation with the child’s medical provider, including routine authority for matters such as well-care treatment, vaccination, vision and hearing.”
The change in the department’s outreach language came eight days after the departure of Dr. Michelle Fiscus, the state’s former top vaccine official with the Department of Health.
Department of Children's Services not tracking vaccines for kids in custody
Jul 27, 2021| Tennessee Lookout | Anita Adwhani
August 2021
The Tennessee Lookout reported that children, including elementary school aged kids, were sleeping on the floors of the DCS office space in the Davy Crockett Tower. A teenage girl was left to sleep directly on the floor, without a blanket or pillow.
Taking kids to sleep with strangers in an office without providing essential comforts represents a failure by the state agency to live up to its most basic duties, according to a longtime DCS caseworker, who requested anonymity out of fear drawing attention to the department’s treatment of children result in firing.
“Being unable to find a placement was an ongoing problem before the pandemic,” the caseworker said. “It’s gotten much worse. The number of kids sleeping in offices has never been this bad.”
The caseworker said that DCS has failed to provide enough back-up for kids taken into custody — foster parents, or temporary and more appropriate spaces, — as the pandemic impacted the ongoing willingness of foster parents to take in children. When kids have to stay in offices, caseworkers have to stay with them, too, finding their own child care arrangements and adding to the burden of an already stressful job, the caseworker said.
Kids in state custody forced to sleep on floors in state office building
Aug 1, 2021 | Tennessee Lookout | Anita Adwhani
August 2021
Results from an internal employee survey within the Department of Children’s Services reveal serious issues within the Department. The survey was conducted among 14 regions, documents show. A total of 1,990 employees completed the survey, representing 60% of the department's entire staff.
Among hundreds of detailed comments, many complained about an overflowing caseload coupled with underappreciation from the agency's top leadership.
Of the respondents, many described working overtime without compensation, which they said contributed to their burnout. Staff members worked an average of 42.25 hours per week, according to survey results. Child Protective Services workers averaged almost 45 hours a week, the most among their peers.
Caseworkers wrote they had unmanageable caseloads impacting their ability to adequately do their jobs and some complained that their bosses focused more on internal benchmarks than taking the time needed to provide services to kids and families in crisis.
"As a whole we do not care about safety [of] our employees or the children we serve. We only care that we close cases in a timely fashion and look good on paper," read one comment. "We are averaging 40-50 open CPS (child protective services) investigations at a time," read another. "Never in my life have I experienced such a harsh and negative environment which causes unnecessary psychological harm to youth and staff."
"A lot of the stress comes from not having enough workers to handle the workload and workers having to carry 25 plus cases which can be 55-70 children," one worker wrote.
“The position feels like a set up for failure because the caseloads are too high…” a Mid-Cumberland staff member said.
A sample of the survey responses can be found here.
The entire survey and responses can be found here.
August 2021
An attorney serving as a guardian ad litem contacted Sen. Campbell and Rep. Johnson about a special needs 16-year-old she was representing who she felt had been left to fall through the cracks. The teen has attempted suicide twice, largely due to abrupt placement changes. The guardian ad litem also noted that in Nashville, there were only four workers to handle cases where children are not in custody but their parents need services. She explained:
“These are cases where we have found relatives or friends to take care of the children, but there is no chance for reunification if these parents do not get help. Many of these placements will fail because they do not have the support they need to get appropriate services for these kids. Some of these cases, the placements will just quietly turn the children over to their parents with no safeguards in place.”
In follow up calls and emails, the guardian ad litem indicated that there are others like her who would be willing to come forward with their story.
August-September 2021
Following the story highlighting employee concerns within the Department, Sen. Campbell and Rep. Johnson began to receive a multitude of emails, phone calls, and letters from current and former DCS employees. Some were willing to share their names, while others would only speak anonymously. Many describe both a toxic workplace and situations where children were clearly being put at risk. A form was created to track some of these communications. The entries echoed the same concerns expressed consistently by other current and former employees.
September 2021
Senator Campbell wrote a letter to Governor Lee outlining her concerns with DCS on September 9th, copying members of the Senate Health and Welfare Committee. Upon receipt, the Governor’s Legislative Director responded: “We have received this and will circulate for review.” Additional follow up emails were sent to his offices. There were no replies.
Letter to Gov Lee re DCS Concerns Sept 9 2021.pdf
September-October 2021
The offices of Sen. Campbell and Rep. Johnson continue to receive near constant communications from former and current DCS employees. Some examples (copied and pasted from Facebook Messenger) include:
“So what are you doing to fix the dcs department? The east region is hiring back old employees that left the department while leaving kids in danger. The department is desperate to fill spots and no new blood wants to work for them. The leadership in the east is leaving to possibly avoid further scrutiny. Kids are not safe.”
“The commissioner has no idea what it means to work in the field and what it takes to protect a child. The department leadership sit in their ivory tower of Nashville and never see a rural area field without formal announcement of them coming. This allows for the “dog and pony show” to limit and control who they will see and when. If you truly want to know how and what it takes, I suggest show up to an office unplanned and ask a worker to shadow for a day. This is where the rubber meets the road and things happen. They don’t happen in the Nashville boardroom. The department is also downsizing HR to one person for the entire east region, which has about 300+people they will be responsible for alone. This seems an impossible task and set up for failure.”
“The culture under Commissioner Jim Henry was kids first. Now it is do everything to keep them out of foster-care regardless of if needed. The bureaucracy and red tape is ridiculous and the department is top heavy without front line support. When they heard about your inquiry to the response, there was a training going on in Nashville at the time. Leadership was seen meeting to figure out who said what vs training their workers. The gotcha culture is toxic and starts at the top. This commissioner has directly terminated numerous employees vs following proper guidelines of discipline.”
Additionally, several foster parents have also reached out to share their stories of dealing with DCS. Employees continue to contact Campbell and Johnson’s offices, sharing stories of leaving their jobs because they can’t handle the stress of knowing they cannot adequately care for the children assigned to them any longer. An example:
“One of the kids need residential and apparently she’s on a waiting list she is sleeping at a house where they have 12 foster kids and during the day she goes and sits in the offices all day they try to get her to school but they can’t always get her to school so she just sits in the offices. She is 13 and sleeps in a room with three 16 and 17-year-olds”
October 2021
ProPublica published a damning story of a Rutherford County judge who in 2016 illegally jailed children even when there was no crime committed. According to the report, Judge Donna Scott Davenport instituted a policy that all children charged with crimes be processed at the detention center. In 2016, 11 Black elementary school children were detained and or locked up after allegedly witnessing a fight between 5 and 6-year-olds. The alleged crime was “criminal responsibility for conduct of another” — a fake law. In 2014, 48% of children were jailed under Judge Davenport’s watch, the statewide average at the time was 5%.
In a settled lawsuit in 2017, Rutherford County agreed to pay out $397,500 to the 11 children. The officer who signed off on the charges was suspended for just three days.
DCS is responsible for the Rutherford County Juvenile Justice Department. They inspect it every year and they are responsible for licensing.
Black Children Were Jailed for a Crime That Doesn’t Exist. Almost Nothing Happened to the Adults in Charge
Oct 8, 2021 | ProPublica | Meribah Knight and Ken Armstrong
October 2021
Eleven members of Congress sent a letter in October asking the U.S. Department of Justice to open an investigation into the juvenile justice system in Rutherford County. The letter, sent to Attorney General Merrick Garland, says:
“Tennessee’s children deserve to enjoy their childhoods without the fear of being unjustly searched, detained, charged, and imprisoned.”
The letter’s signers include Reps. Steve Cohen, from Memphis; Val Demings, from Florida; Cori Bush, from Missouri; and Ted Lieu, from California. Cohen is on the House Judiciary Committee and chairs the Subcommittee on the Constitution, Civil Rights and Civil Liberties.
October 20, 2021 | WPLN | Meribah Knight and Ken Armstrong
October 2021
A Tennessee Tribune story reports on a family’s efforts to allow a 16-month-old to be adopted by the aunt of his 6-year-old brother. The African American family wants to keep the siblings together. DCS placed the baby with a white family and intends to allow them to adopt the child.
DCS Trolls Black Babies For Cash
Oct 31, 2021 | The Tennessee Tribune | Peter White
November 2021
Two-year old Vincent Carter was in state custody and in the care of a foster parent when he died. Police report that the toddler died of blunt force trauma. The foster mother was charged but killed herself before she could be arrested.
"We're the last line of defense:" Lawmakers call for change after foster care death
Nov 16, 2021 | Fox 17 | Sabrina Maggaiore
December 2021
The Tennessee Tribune reports that one-year-old DaCayla Green died of blunt force trauma while in the custody of a DCS foster mother.
Another Child Dies in DCS Foster Care
Dec 20, 2021 | Tennessee Tribune | Peter White
December 2021
Another ProPublica investigation found that Black children in Rutherford County are locked up more than twice as often as population size would suggest.
The Tennessee Department of Children’s Services licenses juvenile detention centers and has not once flagged Rutherford County’s center for anything negative, remarking only in reports that the building was clean. They have remained silent on the allegations against Judge Donna Davenport.
New Documents Prove Tennessee County Disproportionately Jails Black Children, and It’s Getting Worse
Dec 20, 2021 | NPR & ProPublica | Meribah Knight, Ken Armstrong, and Hannah Fresques
2022
January 2022
Nashville Sen. Heidi Campbell and co-sponsor Rep. Gloria Johnson introduced a resolution calling for the Tennessee General Assembly to take steps to remove Judge Donna Davenport.
Jan 17, 2022 | WPLN | Alexis Marshall
January 2022
A day after a resolution was filed by legislators in the Tennessee General Assembly to remove Judge Donna Davenport, the embattled judge announced she will not run for re-election.
Tennessee Judge Who Illegally Jailed Children Plans to Retire, Will Not Seek Reelection
Jan 18, 2022 | ProPublica | Alexis Marshall, Meribah Knight, Ken Armstrong, and Hannah Fresques
January - May
During the legislative session, Senator Campbell and Representative Johnson filed legislation (SB1900/HB1974) to require the department to maintain staffing levels of case managers so that each region has enough case managers to allow caseloads not to exceed an average of 12 active cases relating to initial assessments, 12 children monitored and supervised in active cases relating to ongoing in-home services, or 13 children in active cases in which the children are in out-of-home placements relating to ongoing services.
The fiscal note for SB1900/HB1974 was:
Increase State Expenditures - $16,107,500/FY22-23 and Subsequent Years
Increase Federal Expenditures - $13,059,200/FY22-23 and Subsequent Years
The bill failed in the House Child and Family Affairs Subcommittee and was sent to General Sub in the Senate.
During the legislative session, Senator Campbell and Representative Johnson filed legislation (SB2605/HB2690) that, as amended, would require the Department of Children's Services to calculate average case loads weekly to determine more accurate averages.
The bill failed in the House Child and Family Affairs Subcommittee and was sent to General Sub in the Senate.
February 2022
Foster parents warn of a crisis at the Department of Children's Services. Their warning follows concerns raised by DCS caseworkers who say they are overwhelmed by high caseloads brought on by constant turnover in the department.
"I don't think enough people are aware of the things that are happening to kids in foster care," Snook [a foster parent] said.
She said foster parents like her often can't get in touch with DCS caseworkers — who oversee kids' care and approve things like medications.
"You ask questions, and you get 'Well, that's not the caseworker anymore.' OK, 'well who is the new caseworker? And when are they going to reach out to us?' And you reach out and you hear nothing," Snook said.
She blames the high number of caseworkers who have quit.
She said one of her foster kids had five different caseworkers in just 18 months.
Foster parents warn of a crisis at the Department of Children's Services
Mar 2, 2022 | NewsChannel 5 | Ben Hall
March 2022
In a budget hearing before the Senate Health and Welfare Committee, Commissioner Nichols acknowledged that over 500 caseworker positions are currently vacant, meaning around 22% of the total caseworker positions statewide are unfilled.
Senate Health and Welfare Committee - Mar 2nd, 2022 (granicus.com)
April 2022
Disability Rights Tennessee reports horrific cases of violence and abuse sanctioned by staff at the Wilder Youth Development Center. From placing bounties on children’s heads to encouraging violence among the children, Wilder’s leadership was aware that staff placed bounties on children in their care, according to the report by Disability Rights Tennessee and the Youth Law Center.
The report depicts a facility and staff that not only provide little in the way of education, rehabilitation, or psychological treatment, but inflict harm through violence, isolation and unnecessary medication on a population that is overwhelmingly Black and disabled.
'Noodles on heads': From bounties to beatings, new report details abuses at state-run youth center
Apr 27, 2022 | The Tennessean | Josh Keefe
June 2022
Ongoing problems at the Department of Children's Services could lead to a class action lawsuit on behalf of all kids in Tennessee's foster care system according to a prominent Nashville attorney. The attorney who was part of the Brian A. case said high turnover among case workers, high caseloads and not enough foster homes mirror the problems the department faced more than 20 years ago.
'Active discussions' are underway about a class action lawsuit against DCS
June 20, 2022 | NewsChannel 5 | Ben Hall
June 2022
As of early June, 9,133 children were in the custody of the Department of Children’s Services.
“The need for foster homes is critical,” said Carren Broadnax, the resource linkage coordinator for DCS. “As of today, we currently have 9,133 children in custody across the state. You have children that lost parents during the pandemic and a number of other life situations that were exacerbated beyond measure.”
The issue has been so bad that children have had to sleep in the DCS offices overnight. This comes as Isaiah 1:17 Houses, the temporary placement homes across the region, are also at max capacity, sometimes forcing children to go to different counties.
TN DCS: ‘The need for foster homes is critical’; DCS and Isaiah 1:17 at capacity
Jun 21, 2022 | NewsChannel 11 | Anslee Daniel
June 2022
The Department of Children’s Services made no effort to improve conditions at Tennessee’s only state-run youth detention facility in the two months following a blistering report alleged widespread abuse and violations of state and federal law, according to Disability Rights Tennessee.
Despite bombshell report, nothing has changed at Wilder youth prison, watchdog says
June 27, 2022 | The Tennessean | Josh Keef
July 2022
Despite a grandmother reaching out to the Department of Children’s Services with concerns about her disabled grandson, no action was ever taken by the department. The child, a teenager with severe cerebral palsy, died and the grandmother blames his death on DCS failures. An autopsy found the disabled child starved to death.
'We've tried': Clarksville, TN, woman raises frustrations with DCS after grandson dies
Jul 11, 2022 | WKRN | Nikki McGee
Autopsy shows disabled 13-year-old starved to death in Clarksville, calls case a homicide
Sept 28, 2022 | Clarksville Now | Adria Hyde
July 2022
Foster parents across Tennessee are pushing for changes at the Department of Children's Services claiming unfilled caseworker positions are hurting children. More than half of the foster care caseworker positions in Davidson County are vacant according to DCS.There are 600 unfilled caseworker positions statewide.
Hundreds of caseworker vacancies create 'crisis' at DCS
Jul 18, 2022 | NewsChannel 5 | Ben Hall
July 2022
Department of Children’s Services Commissioner Jennifer Nichols has been replaced — the latest among Gov. Bill Lee’s cabinet to leave state government. Nichols’ tenure — Lee appointed her to the job in 2019 — was marked by controversies that included reports l of children sleeping in state office buildings and news coverage this year of dissatisfaction, vacancies and high turnover among caseworkers tasked with aiding Tennessee children who have been abused or neglected.
Nichols’ replacement is Margie Quin, currently the chief executive officer of End Slavery Tennessee, a nonprofit that combats human trafficking. Like Nichols — a former prosecutor — Quin also has a law enforcement background.
DCS chief is replaced -- the latest departure from Gov. Bill Lee's cabinet
Jul 22, 2022 | The Tennessee Lookout | Anita Wadhwani
September 2022
Addressing a committee studying juvenile justice, Judge Tim Irwin, who sits on the Council of Juvenile and Family Court Judges, told the committee:
“We don’t have enough DCS employees. If you haven’t heard that, I’m telling you, it’s near collapse.”
Watch Judge Irwin’s full testimony here.
Knox judge calls state system ‘near collapse’
Sep 8, 2022 | Knoxville Today | Sandra Clark
September 2022
Documents show a desperately short-staffed and chaotic facility that was dangerous for both staff and the youth in their care. A lack of discipline and accountability for all involved fed a cycle of outbursts and misbehavior by both staff and youth, former Wilder and DCS employees said in interviews.
In some cases of serious discipline, DCS officials only learned of violations happening inside the center from sources outside Wilder, such as the state’s child abuse hotline and the Comptroller’s Office, according to the records.
Wilder Youth Development Center: Records detail assaults, unchecked OT
Sep 14, 2022 | The Tennessean | Josh Keefe
September 2022
A mother of 10 children, who recently pleaded guilty to child neglect, has been involved in 35 different investigations by the Tennessee Department of Children's Services dating back to 2004. Despite repeated cries for help and numerous police investigations, the 40-year-old mother kept custody of her kids year after year.
DCS 'failed' mother and ten children despite repeated investigations
Sep 26, 2022 | NewsChannel 5 | Ben Hall
October 2022
Commissioner Quin noted: “I've got a traumatized workforce, a traumatized group of kids, and we need to expedite the answers to these questions as quickly as we can.”
Judge Sheila Calloway, a juvenile justice court judge in Davidson County, told lawmakers “we have to do more from the beginning.”
At least 70% of the youth first presented within the system in a custody case or a child neglect case, Calloway said, indicating a pressing need for early intervention in childhood issues. Calloway also suggested lawmakers look into systems that meld juvenile rehabilitation with adult punitive sentences that some states such as Indiana employ.
Calloway said it's a "struggle" with DCS, which doesn't have enough staff to "do case management the way they should be able to."
Tennessee DCS staff, kids 'traumatized' by ongoing placement issues, new commissioner says
Oct 6, 2022 | The Tennessean | Melissa Brown
October 2022
More than 600 kids spent a total of 2,195 nights in either DCS offices or transitional housing between late April and Sept. 30. In Davidson County, 52 of 63 child protective services employee positions are vacant, and 45 out of 50 foster care employees are vacant, said Sen. Heidi Campbell.
The Mid-Cumberland region, which consists of the counties surrounding Davidson County, is housing kids in offices at higher rate than other regions.
'Traumatized group': Children spent a combined 1134 nights in DCS offices in five months
Oct 18, 2022 | The Tennessean | Josh Keefe
October 2022
After Angel Ahearn’s mother died, DCS bounced her around numerous foster homes before placing her with her biological father who her mother accused of domestic abuse. The child’s maternal grandmother wanted custody but they placed her with the dad instead who shot and killed her days after her 12th birthday.
Grandmother wants answers after 12-year-old allegedly killed by her own father
Oct 21, 2022 | NewsChannel11 | Cody Alcorn
October 2022
After taking custody of her five neglected grandchildren, a grandmother grew increasingly frustrated with DCS. After taking custody of the children, she was told a caseworker would be in touch withing days, but DCS never contacted her. She said she repeatedly called DCS after picking up the kids but could never get a caseworker on the phone.
Grandmother 'abandoned' by DCS after agreeing to care for 5 neglected grandchildren
Oct 27, 2022 | NewsChannel 5 | Ben Hall
November 2022
In a budget hearing, Commissioner Quin requested increased funding to raise departmental salaries, noting the “horrific” turnover rate. Nearly half of all new Tennessee Department of Children's Services caseworkers quit within their first year.
DCS reports a 47.7% turnover rate for first-year case managers in fiscal year 2023, with an overall average turnover rate just above 25%.
"It is no secret that DCS has failed to hire and retain staff, and as a result has seen unusually high caseload averages throughout the state, especially in hard-hit staffing areas like Davidson County," Quin told Gov. Bill Lee and his budget staff.
Davidson County is "woefully understaffed," Quin said, and the department has about 486 openings statewide that need to be filled.
'Horrific' turnover: Nearly half of new Tennessee DCS caseworkers quit in first year
Nov 17, 2022 | The Tennessean | Melissa Brown
November 2022
Mickey Rose said he called DCS multiple times after he found a video on social media of his 23-month-old granddaughter Ariel and her parents living in the Brookmeade Park homeless encampment back in March. He says DCS should have acted sooner to take custody of his grandchild away from her parents who struggled with substance abuse.
Once Ariel’s parents checked into rehab, the toddler bounced around multiple homes before she landed at the same rehab facility where her father and grandmother stayed.
Not long after, MNPD reported that Ariel was found at the facility, unresponsive with no signs of trauma or abuse. Police are now investigating Ariel’s cause of death, but Ariel’s uncle Michael Rose says he’s convinced his niece would have been better off in DCS custody.
“DCS failed her because she should have been taken out of that encampment on day one. They should have placed that child in the state’s custody.”
Toddler, once spotted in homeless encampment, dies months later. Her family says DCS could have done more
Nov 18, 2022 | NewsChannel 5 | Levi Ismail
November 2022
Children in DCS custody who become too “disruptive” when forced to sleep in offices are being sent to hospitals – in some cases for up to 100 days – because the agency lacks appropriate places to care for them. DCS could not immediately say how many children were affected or which hospitals are housing them.
Private residential facilities in Tennessee, primarily for children with behavioral issues, are filled with kids from out-of-state because Tennessee pays them so little; meanwhile, Tennessee kids are being sent to other states. Currently, 75 Tennessee kids are being housed out of state.
“We don’t have a shortage of bed capacity in the state,” Commissioner Quin said. “DCS does not have the funds to pay competitive rates to get our kids in provider placement beds, so kids are in offices or transitional houses while the majority of beds go to out-of-state children or private pay.”
DCS: Kids sent to hospitals for up to 100 days because there is no place to put them
Nov 18, 2022 | The Tennessee Lookout | Anita Wadhwani
November 2022
Eleven legislators wrote a letter to the Governor calling for immediate increased funding for the Department of Children’s Services, citing child deaths, over 480 unfilled caseworker positions, and a 47.7% turnover rate.
Letter to Gov Lee re DCS concerns Nov 8 2022.pdf
With Children’s Services in chaos, Democrats urge Gov. Bill Lee to accelerate reforms to protect kids
Nov 2022 | Tennessee Senate Democrats| Medium
November 2022
Children taken into the custody of the Department of Children’s Services are spending upwards of eight months in hospital beds across Tennessee because the agency has nowhere else to put them. DCS officials acknowledge children are being unnecessarily hospitalized for periods of time that have ranged this year from one day to 264 days.
The practice of hospitalizing kids—for the length of an entire school year, in some instances—when they do not require hospital care is a violation of the Americans with Disability Act, a federal law guaranteeing people with disabilities the right to live in the least restrictive environment possible, said Michele Johnson, executive director of the legal advocacy organization, the Tennessee Justice Center.
“It definitely violates the ADA to put kids in hospitals who don’t need to be there just because they (DCS) can’t get their act together,” Johnson said. “You cannot put a child in a hospital when their medical needs don’t require it. We do not institutionalize kids based on their disability. It’s harmful and damaging to kids.”
John Waddell – the DCS attorney – did not know the total number of kids needlessly hospitalized this year.
Department of Children’s Services housing children–many disabled–in hospitals for 8+ months
Nov 29, 2022 | The Tennessee Lookout | Anita Wadhwani
December 2022
As the Tennessee Department of Children’s Services has used local hospitals to house children it cannot place in homes, tensions have emerged between the state agency and Monroe Carell Jr. Children’s Hospital at Vanderbilt.
DCS has struggled to find temporary placement for kids it takes into custody – often because of neglect or abuse – and has resorted to placing children in department offices until they can find permanent homes. For kids with significant medical or behavioral needs, the department has kept kids in hospitals for weeks and even months longer than necessary while they search for more permanent placements.
House Democratic Caucus Chair John Ray Clemmons, D-Nashville, called the DCS debacle an "example of failed gubernatorial leadership."
"It's unfair to point fingers at anyone other than the state itself," Clemmons said. "The state has a public duty to care for these children and ensure they're in the safest, healthiest environment possible, and it has clearly failed these children. It simply shocks the conscience to see what continues within DCS."
Clemmons said it's too early to tell how the change in leadership from Nichols to Quin will play out, but "leadership at DCS can only do as much as the administration allows."
'He ranted at me': Emails show tensions between DCS and Vanderbilt children's hospital
Dec 5, 2022 | The Tennessean | Josh Keefe
December 2022
The Tennessee Comptroller’s Office has found that the Department of Children’s Services is struggling to provide for the state’s most vulnerable kids. The new audit is just the latest evidence of increased scrutiny of the Department’s performance.
The report spans the last two years and highlights failures to address long-standing issues inside DCS. Those include a high turnover of case managers, which auditors say has led to high caseloads for remaining workers.
“Case manager turnover and employee vacancies at DCS have reached crisis levels,” the audit says, “while the number of children going into DCS custody continues to rise.”
DCS has had an average of 8,000 kids in its custody each month.
“Top leadership must take more aggressive action to hire and retain case managers or risk the safety of vulnerable children who slip through the cracks because there is no one to help them,” auditors write.
The audit also says DCS has not done enough to secure adequate long-term and temporary housing. Some kids have been documented sleeping on the floor of state office buildings.
And the report says the department has not done enough to investigate allegations of sexual abuse while minors were in state-run facilities. One example of that came earlier this year, when another report found that teenage boys inside a state-run detention facility called Wilder Youth Development Center were experiencing physical and sexual abuse by staffers.
The Comptroller’s Office recommends that the legislature address these problems by establishing caseload limits, and amending state law so DCS can investigate allegations of child-on-child sexual abuse.
December 13, 2022 | WPLN | Paige Fleger
December 2022
The Department of Children's Services had a staggering 97% turnover rate among first-year staff in 2021, according to a new audit by the state Comptroller. On Wednesday, new DCS commissioner Margie Quin told a legislative committee how her department plans to keep critical workers.
The department's plans include raising staff pay, capping caseloads, temporarily privatizing some case management and studying counterparts in New Jersey.
The audit released Tuesday showed the depth of the department’s staffing issues, which are particularly dire in Davidson County.
In the last four years, DCS has become responsible for more children, while losing case managers to care for them. From July 2018 to July 2022, children in custody increased 7%, while staffed case manager positions declined 17%. In July, more than a fifth of all statewide case manager positions were vacant.
Amid scathing audit, massive turnover, DCS chief vows fixes to troubled agency
December 14, 2022 | The Tennessean | Josh Keefe
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The 2022 DCS Performance Audit can be found here.
January 2023
Kids in Tennessee are more likely to be shuffled from one temporary home to another during their first year in foster care than foster kids living anywhere else in the nation, according to a new report.
The Department of Children’s Services’ high levels of “foster care instability” are highlighted in the “State of the Child” report by the Tennessee Commission on Children and Youth, which is required by state law to issue the annual wide-ranging assessment of the welfare of the state’s children.
The report, released Tuesday, follows months of public scrutiny of DCS that has revealed a litany of problems impacting the day-to-day welfare of kids in state custody, including children being forced to sleep for days at a time on the floors of state office buildings — and for months at a time in hospital beds, because there are no other suitable places to put them. Extraordinarily high turnover among social workers and unmanageable caseloads have left the department unable to ensure children’s safety.
More than one-third of all Tennessee kids coming into foster care since 2016 have been moved to three or more different foster homes or other placements in their first 12 months in state custody — a practice with potentially long-term negative impacts on the well-being of kids who have already suffered the trauma of being removed from their homes as a result of abuse or neglect.
Report: High levels of "foster care instability" among kids in Tennessee care
January 11th, 2023 | The Tennessee Lookout | Anita Wadhwani
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The 2022 Tennessee Commission of Children and Youth State of the Child Report can be found here.
February 2023
The Tennessee Dept. of Children’s Services asked for an additional $156 million next fiscal year. It’s well on its way to getting that and more.
Lee revealed pieces of his budget plan in the address Monday night before the Dept. of Finance and Administration laid it out in a Senate Finance, Ways and Means Committee Tuesday morning.
Democrats said the big numbers are a good start but Lee gave no clear plan for action to follow.
“We think there’s more that can be done. We appreciate the funding that’s going there for the workers, increasing salaries,” House Minority Leader Karen Camper said. “But we did not talk about caseloads.”
Caseloads have been a major issue for the department. When the audit revealed first-year caseworkers were quitting at a rate of 97% in 2021, the department capped those workers’ case numbers at ten.
But that decision still left veteran workers’ caseloads in place.
“You can increase salaries and people are appreciative of that, but the caseload is just so high that it’s still causing problems,” Camper said. “We want to see more of that type of reform.”
Governor Lee proposes large increase for DCS in finalized budget
February 7, 2023 | WKRN | Chris O’Brien