Conservative Pushback Compels Withdrawal Of Tennessee Bill Denying Children Right To Sue

Image Credit: Senator Page Walley / Facebook & capitol.tn.gov

The Tennessee Conservative [By Olivia Lupia] –

After in-depth exposés and conservative pushback, a bill which would have denied children the right to sue for mistreatment under the Tennessee Department of Children’s Services (DCS) has been withdrawn by both its Republican House and Senate sponsors, indicating it will no longer be considered in this legislative session.

SB1470/HB1879 by Sen. Page Walley and Rep. Clark Boyd would have granted all DCS “non-profit” contractors immunity from civil damages for all acts and omissions of its employees, volunteers, and caregivers with only a slim exception if the injured plaintiff could show the defendant agency failed to screen or train employees.

As a plaintiff in any action brought against a DCS contractor will be a child who is in state custody, separated from their parents, and under the care and control of a third-party contractor, this bill would have essentially removed any legal recourse for these children should they be injured or mistreated while under state care.

Analysis and explanations of the pitfalls of such a bill were highlighted in thoroughly researched articles by family advocate Connie Reguli who highlighted DCS’ continual failures to properly investigate cases of harmed children in state custody and propensity to offload its responsibilities to contracted vendors for services like foster care, community-based care, and child welfare services.

She noted that it is already extremely difficult for someone harmed by the “state”, like a state employee, to be made whole through money damages and that SB1470 would have essentially prevented any injury claims against third-party contractors entrusted with some of the most vulnerable children in the state, leaving them near defenseless against the government system.

Reguli also pointed to potential conflicts of interest between several government officials, including bill sponsor Sen. Page Walley, and some of the contracted vendors which oversee many of the outsourced services.

Now, thanks to these insightful reports and pushback to these lawmakers the bill has been withdrawn, but the challenges with DCS are likely far from over. The department has come under fire during the last several years amidst reports of child mistreatment and lawsuits alleging violations of the kids’ constitutional rights.

In 2024, DCS was sued again with more allegations of abuse and lack of care, and even more recently, the department faced renewed scrutiny when it was discovered some children were sleeping in DCS office buildings instead of being placed with families.

Yet the failing agency continually asks the state for more funding, claiming the increase is necessary to fund positions and ease caseloads despite lawmaker questions and calls for additional transparency and accountability from those vested in the welfare of children under state custody who have little to no say in their circumstances. 

About the Author: Olivia Lupia is a political refugee from Colorado who now calls Tennessee home. A proud follower of Christ, she views all political happenings through a Biblical lens and aims to utilize her knowledge and experience to educate and equip others. Olivia is an outspoken conservative who has run for local office, managed campaigns, and been highly involved with state & local GOPs, state legislatures, and other grassroots organizations and movements. Olivia can be reached at olivia@tennesseeconservativenews.com.