NASHVILLE, Tenn. (WTVF) — A new lawsuit pinpoints accusations of violence and abuse of Tennessee children in the custody of the Department of Children's Services.
Disability Rights Tennessee filed the class action suit Wednesday in federal court against DCS, DCS commissioner Margie Quin, the Tennessee Department of Education, and TDOE commissioner Lizette Reynolds.
In short, the lawsuit painted a picture that DCS failed children with disabilities by not screening them for any conditions and then punishing them for behaviors related to their disabilities. Those punishments included placing them in solitary confinement, pepper spraying children while naked, having other kids beat one child and shackling and dragging a child across the floor.
It also added that children weren't able to get an adequate education in the custody of DCS and children's learning needs weren't met.
Watch our previous story about DCS abuse claims in the player above.
"The state should recognize disabilities and trauma in the youth they serve and address those disabilities instead of ignoring them. They should provide safe environments,” said Jack Derryberry, legal director at Disability Rights Tennessee. "We have spent the last two years doing everything in our power to effect change in these systems, without success. At this point, we have no choice but to ask the courts to step in to protect those who cannot protect themselves."
NewsChannel 5 Investigates has previously reported on instances of children with disabilities and their treatment in DCS custody. In December, reporter Ben Hall obtained a photo where a 12-year-old boy with a disability was handcuffed and held facedown on a mattress. Internal DCS communications reveal the boy weighed "about 70 pounds," and is believed to have autism.
Incident we are referencing: A 12-year-old with special needs handcuffed and 'hog-tied' in DCS run home
Just one day before the photo was taken, a DCS worker reported a similar incident in which a security guard handcuffed the same child.
There are a lot of accusations written in this 114-page lawsuit. We are going to break it down for you.
Who the plaintiffs are
There are three plaintiffs in the case: John Doe 1, John Doe 2 and Jane Doe 1.
John Doe 1 is 17. He has depression, PTSD, ADHD and an anxiety disorder. He entered into the DCS system as a foster at 11. However, he became an adjudicated delinquent in 2023 and moved among five different facilities in six months all across Tennessee. He then went back into foster care and is now in an adopted family.
John Doe 2 is 12, and he is at Bill's Place at Youth Villages. He got into the DCS system because of an accusation of neglect after he witnessed his older brother being shot. After that, the lawsuit said he began to run away and use alcohol and cigarettes. From that, he became the subject of multiple missing child reports. He has an IQ of 63, meaning he has a low ability for verbal comprehension and reasoning. He has been diagnosed with ADHD, conduct disorder and PTSD, the lawsuit stated.
Jane Doe 1 is living with her mom but entered DCS custody in 2022. She went through three facilities before returning home. She has disruptive mood disorder, PTSD, major depressive disorder and oppositional defiant disorder. She is 15.
What the lawsuit said happened
Kids attacked him and beat him when he refused to perform sexual acts, according to John Doe 1 in the suit. He said he told the facility staff, who then encouraged the other kids to beat him again. In total, he was beaten more than 30 times while in DCS custody.
"A scary voice in my head was telling me to do things," John Doe 2 reported in the lawsuit. The 12-year-old had begun engaging in self-harm that DCS didn't address. He lived at five different facilities in two years.
She has a history of sexual victimization and mental health issues. However, that didn't stop facility staff from shackling and dragging her across a floor, according to Jane Doe 1's account. She said she was then placed in solitary confinement after a minor disciplinary incident. On a different day, she said she was pepper sprayed while naked by facility staff.
"DCS defendants’ failures to assess youth to understand their individualized needs results in placing youth in highly restrictive facilities without proper consideration of whether they could be served in a more integrated setting," the lawsuit stated. "These failures are not new. The Tennessee Commission on Children and Youth noted in 2012 that juvenile justice facilities are unable to treat and rehabilitate youth with significant mental and behavioral health issues — yet these Youth are disproportionately represented in DCS juvenile justice custody."
While the three plaintiffs described what happened to them, the lawsuit also collected other children's experiences in DCS custody.
Children described being in solitary confinement for 23 hours a day, not being allowed to attend school, becoming suicidal and sleeping on a bare bed frame next to cockroaches and mold.
The lawsuit also makes mention of a child who was beaten and facility staff offered other kids ramen noodles to continue beating on that child. NewsChannel 5 Investigates reported on that incident in 2022.
Ramen noodles incident: Guards 'put bounties' on children's heads at DCS-run juvenile detention facility, according to report
In that reporting, we talked to the mom of the child who was beaten.
"They'll give the children say 10 noodles and they will beat up this person and get the noodles," said one mom.
"What do you mean noodles?" NewsChannel 5 Investigates asked.
"Ramen noodles, like the noodles you eat," the mom said.
The report found "youth are told by staff that another youth 'has ten noodles on his head,' which means a youth who assaults the identified youth will receive a reward of ten packages of ramen noodles."
What the plaintiffs want
The three plaintiffs are looking for DCS to comply with federal law to take care of kids with disabilities.
That would mean complying with the Americans with Disabilities Act and screening kids for disabilities up front, which the lawsuit stated DCS doesn't do now.
They are also asking the court to repay attorney's fees and any other relief the court deems.
"We have tried for several years — whether that was releasing reports or talks with the legislature to really get the ball rolling on these issues," Jasmine Miller, Youth Law Center staff attorney. I think after not seeing the progress this was the option we were left with."
Miller said this lawsuit wasn't about money but hoping that the suit would force DCS to change how they operate.
"To young people who have had these experiences, we just want you to know that we believe you," Miller said. "Some of these things that have happened aren’t OK."
We have been reporting on the Department of Children's Services and its cases since 2019.
Those stories have included high caseloads, juvenile detention solitary confinement, whistleblower complaints and other abuse allegations.
To see all of our reporting, you can tap this link to search through our stories.
