State Rep. Aftyn Behn has filed 14 civil rights complaints with the U.S. Department of Health and Human Services Office for Civil Rights on behalf of Tennessee families alleging systemic misconduct within the Tennessee Department of Children’s Services (DCS).
The complaints involve cases from more than 10 Tennessee counties, including Davidson, Knox, Sumner, Rutherford, Hamilton, Bradley, Washington, Lawrence, Grundy and Houston counties. According to Behn’s office, the filings document a range of alleged civil rights violations and request a coordinated federal investigation into DCS practices.
The complaints were submitted after Behn’s office previously filed a complaint with the U.S. Department of Justice. That agency referred the matter to the Office for Civil Rights within the Department of Health and Human Services, which oversees federally funded child welfare programs.
According to the filings, families reported allegations that include discrimination against children with disabilities, inadequate responses to reports of sexual assault in DCS-certified placements, retaliation against parents and foster parents who filed complaints, falsified case records, removal of children without proper court authorization, and national origin discrimination.
Behn said the complaints reflect concerns raised by families who believe they were treated unfairly by the state’s child welfare system.
“These families did everything right. They asked for help, filed complaints, and showed up to court,” Behn said in a statement. “DCS responded by moving their children, falsifying records, and threatening anyone who said anything about it.”
The complaints ask federal officials to investigate what Behn’s office describes as recurring patterns of misconduct across multiple counties. The filing also requests a temporary halt to active termination of parental rights proceedings in disputed cases while the allegations are reviewed.
In addition, the complaints seek referral of allegations involving falsified records and service certifications to the U.S. Department of Health and Human Services Office of Inspector General.
The filing follows a September 2024 federal determination, known as DAB Decision No. 3150, which found that Tennessee DCS failed to achieve substantial conformity with certain federal child welfare requirements. That finding resulted in the withholding of some federal child welfare funding.
Among the remedies requested by Behn are a coordinated federal investigation, enhanced protections for families who report misconduct, a corrective action plan with ongoing federal oversight, and a comprehensive compliance plan addressing services for children with disabilities in state custody.
The Tennessee Department of Children’s Services had not publicly responded to the allegations at the time the complaints were announced.
Families involved in the complaints were scheduled to participate in a legal clinic and town hall hosted by the Middle Tennessee National Action Network and Behn’s office. Organizers said the event was intended to provide information and resources to families navigating the child welfare system and to allow impacted individuals to share their experiences.
Federal officials have not announced whether a formal investigation will be opened in response to the complaints.
