Claims Against the State of Tennessee for Injuries and Death to Children in Its Care, Custody or Control

Tennesseans have been surprised to learn that thirty-one children who had interaction with the Tennessee Department of Children’s Services have died this year.  Apparently,  202 children that DCS officials said died in two previous years after having had some interaction with the agency when they were alive.

According to the Tennessean, DCS  data revealed that 10 infants who died were the subjects of open case files by DCS workers died between January and June, 2012.   An additional 17 children died who had been investigated by DCS in the past. Four children died in state custody during the same time period.

DCS is alleged to have violated the law by failing to report these deaths, according to an article in the Tennessean.

The mere fact that children died while in the care, custody or control of the State of Tennessee does not mean that the State is responsible for what happened.  However, the State can be held responsible for deaths of and injuries to children if the State negligently caused or contributed to the injuries or death and if the children were in the care, custody or control of the State at the time.

If your child was injured or killed and you believe that the Tennessee Department of Children’s Services had any role in the incident please contact our office for a free consultation.  We will help you determine whether the State has any legal responsibility for what occurred and, if so, will help you or your child receive compensation as permitted under the law.  Bringing a claim against the State of Tennessee is very different than bringing a claim against a private person or company, and the Law Offices of John Day has considerable experience in bringing such claims.

To set up a free consultation, call John Day at 615.742.4880 (toll free at 866-812-8787) or fill out this Contact form.  We would be honored to meet with you and to help you if we can.