Tennessee Judge Rules Federal Lawsuit to Reform State Child Welfare System Should Move Forward:

Re-Asserts Children's Federal Rights to Care and Protection

PRESS RELEASE

Judge denies state move to dismiss lawsuit, saying claims are supported by law.

(Nashville, Tennessee, October 27) - U.S. District Court Judge Todd Campbell ruled on October 26 that the class action Brian A. v. Sundquist seeking to reform Tennessee's child welfare system should move forward. In denying the state's motion to dismiss the federal civil rights lawsuit, Judge Campbell's decision in the U.S. District Court for the Middle District of Tennessee at Nashville firmly held that children have constitutional and statutory rights to adequate care and protection from a state child welfare agency. Brian A. v. Sundquist seeks reform of the Tennessee Department of Children's Services (DCS) and charges that the defendants in the case, Governor Don Sundquist and DCS Commissioner George Hattaway, are putting thousands of children under the care of DCS in danger and at risk of harm.

"Judge Campbell's decision puts Tennessee in the forefront of establishing the federal rights of children," stated Marcia Robinson Lowry, executive director of Children's Rights, a national children's advocacy group representing plaintiffs in Brian A.. "Most courts have not yet recognized with this degree of clarity, what those rights are and why they are enforceable. This decision is the tool we need to protect the children of Tennessee and should give hope to children and advocates in other states across the country."

Children's Rights and local Tennessee lawyers representing the eight named children plaintiffs and all children in Tennessee's foster care system had opposed the state's motion to dismiss the entire case. The children's lawyers argued that "Tennessee's foster care system is in a state of chaos and emergency" and that "for too many children, a safe return to their family, adoption or other permanent placement is only a fantasy, not a reality. Instead, far too many Tennessee children are growing up in state custody."

David Raybin, local counsel for the children, hailed the decision as critical in reforming the Tennessee child welfare system. "This is an important step forward for Tennessee's foster children," Mr. Raybin said.

The state had asked Judge Campbell to dismiss every single legal claim in the case. Lawyers for the children responded that "Invoking a 'shotgun' approach, defendants have moved to dismiss every claim asserted by plaintiffs, in an attempt to deny any legal responsibility for the systemic failings which have caused - and continue to cause - plaintiffs to suffer significant physical, emotional and psychological harm." Quoting a federal appeals court case, Judge Campbell's decision held that the children's constitutional claims present "the exact sort of dispute over citizens' rights with which the federal courts were created to deal."

About Brian A. v. Sundquist

Brian A. v. Sundquist was filed on May 10, 2000 on behalf of eight named plaintiffs- children who have suffered serious physical and psychological harm while in the care of DCS-and on behalf of the approximately 10,000 foster care children who are currently dependent on DCS for their care and protection. Defendants in the class action are Governor Donald Sundquist and George Hattaway, Commissioner of DCS.

The lawsuit was filed by Children's Rights, a national advocacy group for children, along with co-counsel David L. Raybin and Jacqueline B. Dixon of Hollins, Wagster & Yarbrough PC in Nashville, and Richard B. Fields in Memphis, John W. Pierotti and Robert Louis Hutton of Glankler Brown PLLC in Memphis, and Wade V. Davies of Ritchie Fels & Dillard in Knoxville.

Brian A. v. Sundquist asserts that for at least ten years the state has been well aware of its pervasive failure to serve the children who depend on DCS for their basic safety and most fundamental needs, and has failed to provide the leadership, support and resources necessary to protect and care for children.

The lawsuit requests that the court permanently stop defendants from subjecting the children in the plaintiff class to harm and from threatening their safety and well-being through practices that violate their rights. On behalf of these children, the court is being asked to order appropriate remedial relief to ensure that defendants comply with the law and provide children with legally mandated services.

In August 2000, Magistrate Judge Joe B. Brown, U.S. District Court for Middle District of Tennessee had rejected an attempt by defendants - Governor Don Sundquist and DCS Commissioner George Hattaway - to block initial fact-gathering in Brian A. v. Sundquist.

Children's Rights works throughout the United States in partnership with national and local experts, advocates and government officials to document the needs of children in the care of child welfare systems. Children's Rights helps develop realistic solutions and, where necessary, uses the power of litigation to ensure that reform takes place.