The commissioner of the Tennessee Department of Children’s Services publicly said this month that the agency was working with lawmakers to address oversight gaps at juvenile detention facilities across the state. But behind the scenes, the department is working to water down a bill that would do just that, according to one of the bill’s sponsors and others working on the legislation, ProPublica reports. Last year, an investigation by WPLN/Nashville Public Radio and ProPublica revealed that the Richard L. Bean Juvenile Service Center in Knoxville was illegally locking children alone in cells and that the facility had faced few consequences even as DCS repeatedly documented violations. In response, one Democratic and two Republican state lawmakers drafted proposed legislation that would give an independent state agency the power to require changes at facilities that violate state standards, effectively forcing DCS to act.
As it stands, DCS inspects and writes reports on youth detention centers across the state. If inspectors document persistent problems, DCS says, it can freeze or slow admissions, decrease capacity or refuse to approve a license. DCS said it has used those interventions at other facilities but never at the Bean Center. DCS is pushing for different language that would strip the independent agency from having enforcement power and leave DCS in charge of deciding how to respond to problems. The bill is scheduled for discussion in both the Tennessee House and Senate on Tuesday.