DCS Statement Regarding Children's Rights' Challenge of Over-Commitment Law

NASHVILLE - Today, Children’s Rights, Inc. filed a motion seeking to stop the State from implementing a new law regarding the over-commitment of children into State custody by juvenile judges. The Department of Children’s Services has made great progress in recent years in improving the care and services we provide to Tennessee’s children. The Department has also corrected many of the issues that were at the heart of the Brian A. lawsuit. It appears the issues raised by the plaintiffs are less about the existing lawsuit and more about their objection to a law passed this year by the General Assembly.

The new law, Section 30 of Public Chapter 531, would require counties that commit children to state custody at a rate above three times the statewide average to share the costs of that care with the State. The law also requires DCS to alert courts when their commitment rate for each fiscal year appears likely to double the state average. This law was carefully crafted, with input from members of the Tennessee General Assembly and child advocates, to encourage the courts to work with the department and the state legislature to ensure the fair and proper use of state resources. Furthermore, as it is now Tennessee law, the state cannot selectively choose not to enforce it.

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. This is traumatic for children, and it consumes the foster-care resources that could otherwise be used for children in other counties who need them.  

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.

Contact: Rob Johnson, 615-532-5645