‘They’re youth prisons’: Disability Rights TN says litigation was their ‘last step’ to improving conditions at DCS

NASHVILLE, Tenn. (WKRN) — The department charged with caring for some of Tennessee’s most vulnerable children is now facing new allegations of mentally and physically harming those same kids.

Disability Rights Tennessee and disabled youth who spent time in Department of Children’s Services custody have filed a class action lawsuit against DCS and its commissioner.

The group claims DCS abused and neglected children with disabilities in the juvenile justice system.

“I would just say that the youth that are subject of this lawsuit, are confined in these prisons. That’s really what they are. They’re youth prisons,” said Disability Rights Tennessee Assitant Legal Director Sherry Wilds. “When there are less restrictive placements, like home and community-based placements that would be more appropriate for most use needs.”

The lawsuit includes a wide range of claims including: staff pepper-spraying a child while he was having an autistic meltdown, promising kids ramen noodles in exchange for beating up a child with bipolar disorder, and putting a boy with depression in solitary confinement for six months.

“I would look at it that this is a step toward getting change. It’s more than just a bite at the apple. But it is it is a start,” Wilds said.

Before filing the lawsuit, Wilds said Disability Rights Tennessee tried to raise alarms to DCS about the issues they observed and put out three reports on the problems with recommendations for improvements.

However, Wilds said nothing changed. “Using litigation is usually our last step when other advocacy strategies have failed. But it is a step that sometimes has to be taken. And it’s not, should not, be a surprise to anyone that this might occur.”

When asked whether they are looking into other allegations of abuse within DCS, Wilds didn’t go into any detail. “We have seen lots of issues with DCS, but I can’t really address those at this point. I’m sticking with what’s in this complaint and our serious concerns about that.”

With the lawsuit filed, Wilds said her team is waiting for a response from the state and DCS and for their class-action lawsuit to be certified.

“Then we’ll get into discovery, where we’ll be trying to find out what we need to find out for our lawsuit and what they need to share with us. And they’ll likewise find out from us, what we have that has to be shared with them. And so discovery will be a big part of it,” she said.

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After reaching out to the Governor’s office, DCS, and the Attorney General, DCS and the AG’s office just said they are aware of the case.

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