Rep. Aftyn Behn asked the U. S. DOJ to investigate the DCS over the Treatment of Children with Disabilites

Rep. Aftyn Behn asked the U. S. Department of Justice to investigate the Tennessee Department of Children’s Services for alleged systemic civil rights violations affecting the treatment of children with disabilities, including disproportionate placement in restrictive, non‑family settings, denial of integrated services, placement instability, and prolonged state custody.

Behn’s complaint cites a September 2024 HHS Department Appeals Board ruling that Tennessee failed to meet federal child welfare requirements (resulting in about $770, 000 in withheld funds) and contends the state’s planned expansion of state‑operated placement facilities would move away from family‑based placements and potentially violate federal law.

The Tennessee Second Look Commission’s 2025 report documented concerning incidents in DCS custody — reported child drug use and trafficking without formal investigation, numerous runaways with few incident reports, a trafficking disclosure without a forensic interview, and an increase in repeat abuse incidents in FY2024.

DCS Commissioner Margie Quin said the highlighted cases were largely from early 2023, asserted reforms have been implemented, noted about 8, 400 children are currently in custody (a 5% decrease since 2022), and that new facilities are planned to begin construction in 2026; Behn requested the DOJ review placement data by disability status and evaluate compliance with the Olmstead integration mandate.

Read more about Rep. Aftyn Behn’s request on WSMV4