A new class action complaint has been filed against the Department of Children’s Services (DCS) in Tennessee, alleging that children with disabilities in state custody are being mistreated and denied access to education and healthcare in prison-like facilities. The 114-page legal complaint details horrific experiences of youth in DCS custody, including instances of physical abuse, solitary confinement, and lack of mental health care.
Disability Rights Tennessee, leading the legal challenge, states that they have been unsuccessful in effecting change within the system and are now turning to the courts to protect vulnerable children who cannot protect themselves. The lawsuit names DCS Commissioner Margie Quin and other officials, seeking class status to represent over 1,000 youth with disabilities in state custody.
The complaint alleges violations of the Americans with Disabilities Act, the Fourteenth Amendment, and the Eighth Amendment, which prohibit excessive force, unjust confinement, and cruel and unusual punishment. DCS has not provided a comment on the lawsuit.
This legal action comes after years of turmoil within DCS, with children facing challenges finding safe and adequate placement. The agency has been sending children to hospitals for extended periods due to lack of suitable facilities, and recently announced plans to place children in group homes that have historically served adults with disabilities.
The lawsuit aims to protect children with disabilities in DCS custody from mistreatment and denial of necessary services, including healthcare and education. The Youth Law Center and Sanford Heisler Sharp, represented by former federal judge Kevin Sharp, are working with Disability Rights Tennessee to seek justice for these vulnerable youth.
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