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(also known as Brian A. v. Sundquist)
FILE NO., COURT, AND DATE FILED
3-00-0445 (M.D. Tenn., May 10, 2000)
CITATIONS
149 F. Supp. 2d 941 (M.D. Tenn. 2000)
CLEARINGHOUSE REVIEW NO.
None
ATTORNEYS FOR PLAINTIFFS
Ira Lustbader
Marcia Robinson Lowry
Children's Rights, Inc.
404 Park Avenue South, 11th Floor
New York, NY 10016
(212) 683-2210
Fax: (212) 683-4015
ilustbader(at)childrensrights.org
David L. Raybin
Jacqueline B. Dixon
Hollis, Wagster, Yarbrough, Weatherly & Rabin, P.C.
Sun Trust Center, 22nd Floor
424 Church Street
Nashville, TN 37219
(615) 256-6666
Fax: (615) 254-4254
draybin(at)hwylaw.com
ISSUES
Plaintiffs filed this lawsuit on behalf of more than 9,000 foster children in the legal custody of Tennessee's Department of Children's Services (DCS), alleging that DCS systematically failed to provide Tennessee's foster children and their families with legally required placements and services. The lawsuit sought to end ongoing violations of the rights of the plaintiff class that endangered their health and well-being and to ensure that DCS provides proper protection and care for these vulnerable children.
HISTORY AND STATUS
In 2000, the court denied defendants' motion to dismiss and ordered the parties to negotiate a settlement. In July 2001, the court approved the agreement. The Comprehensive Settlement Agreement calls for significant reform, including DCS's implementation of new practices and heightened review systems to prevent foster children from being abused or neglected while in state custody; hiring of hundreds of caseworkers to ease caseloads; development of pre- and in-service training of all caseworkers; development of appropriate new foster home placements and services; enhancements of DCS's computerized management system; a requirement that the state meet specific percentage outcomes in numerous areas affecting the lives of children in foster care; independent evaluation of the child welfare system to assess and develop remedies for any disparities concerning placements and services provided to African-American children; and an independent court monitor to report on compliance.
In the wake of the monitor's November 4, 2003 report finding full compliance in only 24 of 136 settlement provisions, plaintiffs filed a contempt motion. Plaintiffs requested that the court order an independent administrator to develop a plan to implement the terms of the Settlement.
In December 2003, the parties settled the contempt motion with an agreement that DCS will work with a technical assistance committee (TAC) composed of five child welfare experts to develop a comprehensive implementation plan. The stipulation also extended the settlement end-date to June 2007. Plaintiffs agreed not to pursue further contempt proceedings for a period of twelve months.
In August 2004, the court approved DCS's Path to Excellence Implementation Plan, developed by DCS and TAC with input from plaintiffs' attorneys. The plan sets out with great specificity the steps that DCS must take in order to come into compliance with the settlement agreement.
In April 2005, the panel issued its second report, finding that DCS had made significant progress in building the foundation and infrastructure necessary to improve outcomes for families and children. The report also noted areas of concern, including slippage in compliance with foster care caseload standards and a backlog of incomplete child protective services investigations. Plaintiffs continue to monitor DCS's compliance with the settlement agreement and the implementation plan.
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