Judicial Misconduct in Black Family Child Removals Tennessee Foster Care Corruption

By Darius Spearman (africanelements)

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Tennessee Foster Care Corruption: A Crisis

The child welfare system should protect our children. However, in Tennessee, disturbing reports suggest a pattern of abuse, particularly targeting Black families. This situation raises serious concerns about the safety and well-being of children, and whether the system designed to help them is, instead, causing harm.  This is particularly devastating for the Black community, as it reopens historical wounds of family separation.

One shocking case involves a Black mother, Ms. Clayborne. Her five children were forcibly taken from her after a simple traffic stop. It’s clear that personal relationships impacted judicial behavior. The Department of Children’s Services (DCS) later invalidated the rapid hair follicle drug tests used as justification (‘Cover Their Tracks’: Black Mother Whose Children Were Thrown In Foster Care for 55 Days After Judge-Sheriff Scheming Exposed). For 55 agonizing days, these children were separated from their mother and placed in foster care. This removal relied on secret judicial orders made through ex parte communications—meaning one-sided and off-the-record—between Judge Greg Perry and law enforcement (‘Cover Their Tracks’: Black Mother Whose Children Were Thrown In Foster Care for 55 Days After Judge-Sheriff Scheming Exposed).

DCS Racial Discrimination: The Clayborne Case

The Clayborne case exposes a disturbing level of collusion and disregard for due process.  Judge Greg Perry reportedly conspired with Coffee County Sheriff’s Department Investigator James Sherrill to arrest Ms. Clayborne. The charge was disorderly conduct, and Perry invoked “judicial immunity” to bypass standard legal procedures (‘Cover Their Tracks’: Black Mother Whose Children Were Thrown In Foster Care for 55 Days After Judge-Sheriff Scheming Exposed).  It’s deeply troubling that such a significant decision—taking someone’s children—was based on a private phone call rather than on proper legal petitions or sworn affidavits (‘Cover Their Tracks’: Black Mother Whose Children Were Thrown In Foster Care for 55 Days After Judge-Sheriff Scheming Exposed). These actions have ripped children from their mother’s loving arms.

For the Black community, this isn’t just a legal issue; it’s a violation of the sacred bond between mother and child. The lack of transparency and due process in this case is unacceptable. It echoes a painful history of families torn apart by unjust systems. Where is the equal-protection-under-the-law that the US Constitution is supposed to guarantee all citizens?

Financial Incentives and Black Families Child Removals

The problems within Tennessee’s DCS extend beyond individual cases of misconduct.  There are allegations that DCS prioritizes adoption incentives over placing children with relatives, a practice that disproportionately affects Black families (DCS Trolls Black Babies For Cash).  The state receives federal bonuses, ranging from $5,000 to $10,000 per adoption when children are adopted instead of being placed with family members (DCS Trolls Black Babies For Cash). The state keeps the bonuses. Moreover, his financial incentive raises serious ethical questions.  Are children being treated as commodities?

The case of Skyler Mitchell, a Black infant, illustrates this issue.  DCS was accused of delaying the processing of relative placements while pushing for foster-to-adopt families (DCS Trolls Black Babies For Cash). For us, family is everything. Therefore. the idea that a system would prioritize profit over keeping a child within their extended family is deeply offensive and morally wrong.

Child Welfare Racial Disparities in Tennessee

Racial disparities are deeply embedded within Tennessee’s foster care system. Although Black children are more likely to be reunified with their families compared to white children (10.9% versus 6.4% over two years), white children are three times more likely to be adopted (New Report Shows Tennessee Sustaining Major Reforms in Child Welfare System), (African American/White Disparities in the Tennessee Foster Care System).  This reflects a national trend of racial bias in the child welfare system. A 2018 report confirmed that Black youth experience disproportionate entries into and exits from foster care (African American/White Disparities in the Tennessee Foster Care System).

These statistics are not just numbers. They represent real lives and real families. The higher adoption rate for white children suggests a systemic preference. This is painful to confront. Consequently, it reinforces the need for urgent reform. The lived experiences of Black mothers like Ms. Clayborne give a human face to the statistical disparity.

What is DCS? Understanding the Department of Children’s Services

To understand the context of these issues, it’s essential to clarify the role of DCS. The Tennessee Department of Children’s Services (DCS) is the agency responsible for child welfare programs in the state (Department of Children’s Services PDF); (TN Dept of Children’s Services – DCS – Williamson County). This includes child protective services, foster care, adoption, and even juvenile justice (Department of Children’s Services PDF); (TN Dept of Children’s Services – DCS – Williamson County). Founded in 1996, DCS provides services to children who are at risk or already in state custody and their families (Department of Children’s Services PDF); (TN Dept of Children’s Services – DCS – Williamson County). DCS has regional offices to handle day-to-day operations.

DCS’s responsibilities are wide-ranging. They investigate child abuse and neglect. They manage foster care placements and adoption services. Furthermore, they are responsible for programs to treat juvenile offenders (Department of Children’s Services PDF); (TN Dept of Children’s Services – DCS – Williamson County). A Commissioner leads DCS, which has many divisions. Divisions include juvenile justice, child safety, family well-being, finance/administration, and regional offices across the state (Department of Children’s Services PDF); (TN Dept of Children’s Services – DCS – Williamson County).

Foster-to-Adopt Families in Tennessee: A Closer Look

Foster-to-adopt families play a specific role. They provide temporary care for children. However, they intend to legally adopt the child if reunification with the biological family is not possible (TN Dept of Children’s Services – DCS – Perry & Wayne Counties). This approach combines the goals of fostering with the possibility of creating a permanent home.

DCS actively facilitates the foster care application process. They also encourage foster families to consider adoption. For instance, the procedures in regional offices reflect this approach (TN Dept of Children’s Services – DCS – Williamson County);(TN Dept of Children’s Services – DCS – Perry & Wayne Counties). While foster-to-adopt can provide stability for some children, the concerns raised about financial incentives and racial disparities in Tennessee necessitate careful scrutiny of this system.

ABOUT THE AUTHOR

Darius Spearman has been a professor of Black Studies at San Diego City College since 2007. He is the author of several books, including Between The Color Lines: A History of African Americans on the California Frontier Through 1890. You can visit Darius online at africanelements.org.