Federal Court Denies Challenge to State's Over-commitment Law

NASHVILLE -- U.S. District Court Judge Todd J. Campbell today denied a request for a restraining order that would have kept the state from enforcing Tennessee's new over-commitment law.

 

The statute requires counties to share the cost of state care if their juvenile judges commit children at a rate more than three times the statewide average.

 

The Tennessee General Assembly passed the over-commitment statute this year. New York-based Children's Rights Inc. challenged this law in U.S. District Court by asking for an order to keep the state from enforcing it.

 

Judge Campbell rejected Children's Rights request Friday, following oral arguments in his court earlier this week. Throughout this challenge, the state has contended that the law is not about foster-care standards but about fiscal responsibility.

 

The Department of Children's Services works closely with juvenile courts statewide to balance the need to keep children safe with the need to shield children from the trauma of coming into state custody unless necessary.

 

Overwhelmingly, this partnership works very well; however, there have been a relatively small number of instances where children are admitted to state custody at a much higher rate when compared to other counties -- sometimes more than four times the statewide average.

 

It is worth noting that, had the current law been in place during the most recent fiscal year, no counties placing children into foster care would have been billed under the formula. We believe that thoughtful attention to the over-commitment issue is already benefiting the children and families of Tennessee.