NASHVILLE, Tenn. (WTVF) — New pictures show abused and neglected kids forced to sleep in state office buildings while in the custody of the Department of Children's Services.
It's a problem the DCS previously said it fixed.
An 11-year-old attempted suicide while staying in a DCS office in Bradley County in October, according to a 911 call.
The caseworker who called for help told the 911 operator on the recorded line, "Unfortunately, these kids are currently stuck staying at the office for 24 hours, for days on end, due to stuff that's going on at DCS right now."
DCS memos reveal caseworkers are required to work multiple shifts "babysitting" kids in transitional homes or offices.
It comes as the state faces a federal, class-action lawsuit on behalf of all foster children in Tennessee.
Advocates and even DCS insiders say the state is failing children on a regular basis.
The Department did not dispute pictures we received and has said it has no place else to keep abused and neglected kids who come into state custody because there are not enough foster homes.
DCS is opening "assessment centers" across the state that advocates worry will "warehouse" kids.
NewsChannel 5 Investigates received a picture from Bradley County, which showed a child in a DCS office who put sticky notes on an office window.
The child wrote, "I'm sad" multiple times, along with "I want a phone call."
Days after that picture was taken last October, a DCS caseworker called 911 about an 11-year-old attempting suicide in the office.
"He broke a plastic piece of a broom and is trying to harm himself," The caseworker continued, "They have gone stir crazy. We try to do what we can and are trying to take them outside to play with them."
The 11-year-old was transferred to the hospital and there is no indication that he died.
On March 4, 2025, Bradley County's Fire Marshal sent a letter to DCS about "Children Sleeping at Facilities."
The letter came with pictures showing bedding inside the office and stated children staying overnight in the office "is a violation of both Tennessee state law and the adopted local fire code."
Back in 2023, DCS Commissioner Margie Quin proudly told lawmakers children were not sleeping in state offices.
"I'm happy to tell you we no longer have kids sleeping in state offices," Commissioner Quin said in a legislative hearing.
But child welfare advocate and attorney Emily Jenkins said things are bad again.
"It seems to be getting more widespread again. We are getting more reports of it," Jenkins said.
DCS did not comment to us because of the current class action lawsuit, but a spokesperson told the Tennessean in February, that 100 kids had slept in state offices in 2024.
The spokesperson said Chattanooga and the Hamilton County region had some of the largest of numbers of kids sleeping in offices.
Last month NewsChannel 5 Investigates received pictures showing the Robertson County office with bedding and a entire schedule for kids.
A note with the pictures stated: "These are pictures of how foster children are currently living in the Robertson County DCS office. They are only provided showers three times weekly."
NewsChannel 5 Investigates has also received internal memos showing caseworkers must sign up for "sitting schedules" in transitional homes or offices - multiple times each month.
Some shifts are for six hours at a time including weekends.
Advocates worry caseworkers, who are already facing large caseloads, cannot adequately do their jobs.
"The time that they have in their week is divided to sit in warehouses to watch over the kids there," Jenkins said.
DCS is now building what it calls assessment centers across the state to handle the rising number of kids coming into state custody.
DCS has said the kids coming into custody have higher mental health and behavioral problems and are harder to place into foster homes.
Officials say they also have medical needs such as autism that make them harder to place.
Marcia Lowery is the lead attorney with A Better Childhood, a New York based nonprofit that uses the courts to reform "dysfunctional child welfare systems around the country."
Lowry said on Inside Politics on NewsChannel 5 Plus that Tennessee is doing a worse job at foster care than other states.
She said the move toward assessment centers, which she called warehouses for children, was a major factor in their decision to bring the lawsuit.
"Things are not getting better for the kids. And the plans are not going to help the kids, if they simply convert large buildings into institutions for these kids," Lowry said.
The last class-action lawsuit against DCS in 2000, led to federal court monitoring that lasted 17 years.
Lowry was concerned DCS changed its policy last year to allow the handcuffing of abused and neglected kids in its custody - kids who would stay in the assessment centers.
NewsChannel 5 Investigates asked, "Are you aware of any other state that handcuffs abused and neglected kids?"
Lowry said, "I am not."
NewsChannel 5 Investigates asked, "And how surprised are you by that?"
Lowry responded, "I was shocked."
The commissioner has said the change in policy was needed because kids come into custody and act violently.
That's what happened in Bradley County.
The violence came after days in a DCS office - and led to a suicide attempt.
We asked DCS to provide the number of current foster families in Tennessee.
For perspective, we also asked how many the state had each year, from 2019 (before COVID) to present day.
You can see the number of families has fallen.
It is one reason the state does not have placements for children who come into custody.
2019 – 2,810 DCS foster homes
2020 – 2,746 DCS foster homes
2021 – 2,760 DCS foster homes
2022 – 2,862 DCS foster homes
2023 – 2,669 DCS foster homes
2024 – 2,632 DCS foster homes
As of 07/07/2025 – 2,402 DCS foster homes
