Judge denies motion to block limits on foster care

An advocacy group cannot block a Tennessee law that it claims puts pressure on judges to keep children out of foster care even when such care might be best for the children.
U.S. District Court Judge Todd Campbell has denied a request to block a law that allows the state Department of Children’s Services to bill counties for the cost of foster care if judges there commit children at a rate more than three times the state average.

New York based nonprofit Children’s Rights successfully sued DCS is 2001 and had claimed the law violated a settlement agreement in that case.

Campbell said the group “raised substantial legal claims’’ but the plaintiffs did not have standing to ask for the restraining order.

The 2001 consent decree did not give the plaintiffs standing to seek relief for all future alleged misconduct related to children in state custody, he wrote.

In a statement, DCS spokesman Rob Johnson said, “The Department of Children’s Services works closely with juvenile courts statewide to balance the need to keep children safe with the need to shield children from the trauma of coming into state custody unless necessary.’’

Children’s Rights has not decided whether to appeal the decision, but director Ira Lustbader said in a statement that the organization has not given up.

“The fact remains that this effort by the state of Tennessee to interfere with family court judges’ decisions is unconstitutional and extremely dangerous to abused and neglected kids, and we will find a way to stop it,’’ he said