Class action lawsuit claims Tennessee DCS knew of “violent and abusive practices” in facilities

NASHVILLE, Tenn. (WKRN) — The Tennessee Department of Children’s Services (DCS) has a “children first” vision. After several high-profile incidents, such as children sleeping on office floors, DCS has attempted to make a fresh start.

The department’s 2023 annual report revealed that the department is taking “a new direction.” The new mission statement states that the department acts “in the best interest of Tennessee’s children and youth.”

However, according to a new class action lawsuit, some teens in Tennessee claim this is far from the truth.

DCS is tasked with caring for some of the state’s most vulnerable children, many of whom have disabilities, and now faces a litany of horrific allegations, chief among them: Instead of taking in these children, DCS punishes them, the lawsuit alleges.

The class action lawsuit named several youths who claimed that staff at DCS facilities encouraged violent assaults, in some cases placing bounties on their heads in the form of “ramen noodles, cannabis and other incentives.”

The lawsuit accused DCS Commissioner Margie Quin, Tennessee Department of Education Commissioner Lizzette Reynolds and the state of knowing what was going on at the facilities and doing nothing to stop it.

The lawsuit further described how DCS staff used “violent and abusive measures such as solitary confinement, pepper spray, and peer violence” at several facilities across the state.

For example, one young person reported that he was held in solitary confinement “at least 23 hours a day” for over six months.

JOHN DOE 1

One of the plaintiffs in the case, “John Doe 1,” is described as a 17-year-old boy who enjoys playing the guitar and performing magic tricks. He currently lives with his adoptive mother, but before that he lived in five different DCS facilities during his first six months in DCS custody.

The lawsuit went into detail, claiming that other teenagers “demanded him to perform sexual acts,” and when he refused, they attacked him, “including by choking him.”

After Doe 1 alerted a facility staff member who failed to protect him, the lawsuit said, the staff member encouraged the teens to hit him again.

JANE DOE 1

Another plaintiff in this case, Jane Doe 1, is described as a 15-year-old girl who enjoys playing volleyball and dreams of working as a nurse in a neonatal intensive care unit.

The lawsuit stated that she had a history of mental health issues and was a victim of sexual abuse. According to the lawsuit, she was once bound by her ankles and dragged across the floor.

In one case, she claimed that two male employees sprayed her with pepper spray while she was naked.

The lawsuit required DCS to comply with federal law regarding the care of children with disabilities.

News 2 reached out to the Governor’s office, DCS and the Attorney General’s office for comment. The Governor and DCS referred News 2 to the Attorney General, whose only response was, “We are aware of the lawsuit.”