State Rep. Aftyn Behn is calling on the U.S. Department of Justice Civil Rights Division to open a pattern-or-practice civil rights investigation into the Tennessee Department of Children’s Services, citing what she describes as mounting evidence of systemic failures that harm children and families in state custody.
Behn said her request follows months of independent research, review of federal oversight records, and conversations with impacted families and whistleblowers. In her public call, she argued that the agency’s problems go beyond individual cases and point to broader, repeat patterns involving safety, placement stability, and the treatment of children with disabilities.
Her push comes as DCS faces intensifying scrutiny from multiple directions, including federal findings tied to foster-care placement stability and recent public reporting about incidents involving youth housed overnight in DCS offices and transition homes.
Behn’s request references a 2024 decision from the U.S. Department of Health and Human Services’ Departmental Appeals Board, which upheld findings that Tennessee failed to achieve “substantial conformity” with key federal child welfare requirements (including placement stability) resulting in withheld federal funds.
Behn also points to concerns about whether children with disabilities are being placed in unnecessarily restrictive settings rather than integrated, family-based environments—an issue that can raise questions under federal disability rights laws.
The call for a DOJ probe landed amid renewed attention on where children are being housed while awaiting placements. A recent report on findings reviewed by Tennessee’s Second Look Commission highlighted allegations that youth staying in DCS offices and transition homes faced serious safety risks, including drug use and trafficking concerns, raising alarms about supervision and safeguards in temporary settings.
Behn’s request also arrives as lawmakers debate how Tennessee should respond to a placement system under strain. One proposed direction has drawn concern from advocates: legislation reported in late February would allow DCS, under certain conditions, to place some foster youth in more restrictive, jail-like facilities typically associated with juvenile justice.
As part of her accountability effort, Behn is urging impacted families and community members to sign a statewide petition and submit testimony describing their experiences with DCS. Her office says the goal is to document patterns, elevate voices that may not otherwise be heard, and support ongoing review of the agency’s practices.
Behn framed her call as a civil rights issue, arguing that children in state custody deserve stability, safety, and appropriate services. She believes that Tennessee must be held to a higher standard when the state assumes responsibility for a child’s well-being.
DCS has faced years of criticism over placement instability, staffing shortages, and the practice of housing children overnight in office buildings. Behn’s request, however, seeks a specific federal remedy: a Justice Department ‘pattern-or-practice’ investigation, which is typically used when officials believe systemic violations may be occurring across an agency or jurisdiction rather than isolated misconduct.
Whether the DOJ will open a formal investigation remains unclear. But Behn’s call adds to a growing chorus of lawmakers, advocates, and families demanding deeper transparency, insisting that Tennessee’s child welfare system protect children not only in policy but in practice.
