Image Credit: Steven Depolo / CC
The Tennessee Conservative [By Adelia Kirchner] –
In September the Tennessee Department of Children’s Services (DCS) changed a longstanding policy to allow for the use of handcuffs on children and Rep. David Hawk (R-Greeneville-District 5) is speaking out on the issue.
“I’m concerned that we are not headed in the right direction with the current leadership in the Tennessee Department of Children’s Services,” Rep. Hawk said.
Previous DCS policy “strictly prohibited” the use of mechanical constraints like handcuffs on children “placed into custody due to dependency or neglect.” Only “committed delinquent youth” were allowed to be restrained while in DCS custody.
New DCS policy allows the use of mechanical restraints on “youth who are actively destroying property,” youth who are “at imminent danger of self-harm or harming others” and “to maintain safety, security and order.”
Just last week News Channel 5 reported that back in October, an intellectually disabled 12-year-old boy was “handcuffed and held face down on his mattress” at a DCS transitional home in Northeast Tennessee.
“In my opinion, the prohibition on the use of handcuffs for this population of youth was the right decision and to stray away from that policy I would agree 100% is not in the best interest of the child, and it’s not at all in line with best practices,” stated Zoe Jamail, Policy Coordinator for Disability Rights TN.
Jamail added that her organization has sought further dialogue with DCS on this and other issues but has experienced a sort of “doubling down” from the agency.
Rep. Hawk stated that based on all the input he has received from experts in children’s health and wellbeing, this new policy “is not a best practice.”
“So, in the moment,” said Rep. Hawk, “I would have to think that rule should be reversed.”
The Republican lawmaker told Channel 11 News that the quiet implementation of this new DCS policy falls in line with “a pattern of lack of transparency.”
“I’m fearful that the Department of Children’s Services is only giving us in the General Assembly part of the story, only giving the court system part of the story, and we can’t operate until we know the whole truth,” Rep. Hawk stated.
“What I want from the Tennessee Department of Children’s Services is transparency,” he continued. “The good, the bad and the ugly, and let’s work toward fixing this so we don’t have these ‘aha moments’ where negative stories are coming out monthly if not weekly now.”
Rep. Hawk brought up a recent “damning” DCS audit and other issues of morale and employee retention within DCS, ultimately wishing that this policy change had been brought to lawmakers beforehand.
“Engage us as a general assembly, as interested individuals in our communities who could help if they would just reach out to us and come up with ideas to fix some of the shortcomings they’ve got,” he said.
Earlier this year, the Tennessee House of Representatives killed a bill to similarly allow school resource officers (SROs) and school security officers to handcuff special needs children in “emergency” circumstances.
DCS published the following statement about their new policy:
A recent policy change regarding handcuffs was necessitated by multiple violent attacks on staff by Dependent & Neglect youth in our care. Dozens of youth have been placed in DCS custody as ‘dependent and neglected’ despite serious criminal charges pending against them. DCS, working with certified security officers, will use handcuffs in limited emergency situations. The decision is never taken lightly and is only made when other de-escalation steps haven’t worked. Any use of handcuffs must follow rigorous protocol laid out in the Department’s policy.
About the Author: Adelia Kirchner is a Tennessee resident and reporter for the Tennessee Conservative. Currently the host of Subtle Rampage Podcast, she has also worked for the South Dakota State Legislature and interned for Senator Bill Hagerty’s Office in Nashville, Tennessee. You can reach Adelia at adelia@tennesseeconservativenews.com.
One Response
Yes some OVER grown children need to be hand cuffed but most need the business end of a BELT!!