PROBLEM STATEMENTS:

(a) As the next Governor of the State of Tennessee, I would end the implementation of foster care for children. Under nocurcumstances sould foster crae children

Legislation backed by the Tennessee Department of Children's Services (DCS) and the governor’s office is advancing in the 2026 legislative session that would allow the state to place certain foster children in juvenile detention facilities, even if they have not been charged with a crime.

Proposed Legislation (SB 1868 / HB 2526)

• The "Heightened Supervision" Label: The bill creates a new classification, "children in need of heightened supervision," which allows DCS to send foster children displaying violent behavior—or threatening it—to secure, jail-like facilities.

• No Criminal Charges Required: Unlike current law, which generally restricts juvenile detention to those charged with a crime, this bill would allow detention based solely on allegations or behavioral reports. Bad behavior could land foster care kids in detention centers, typically reserved for kids who have committed crimes. People in government must understand the pressure on foster care kids to be perfect.

(b) The proposed legislation defines those children in need of heightened supervision as:

• Has exhibited or threatened violent behavior consistent with specified offenses regardless of whether a petition has been filed alleging the child committed a delinquent act and regardless of the child’s adjudication or diversion status; OR

  Is incompetent to be adjudicated delinquent but has exhibited behavior consistent with the specified violent offenses or an attempt to commit such violent offenses.

• Tennessee could place some foster youth into jail-like facilities under a new bill. There aren’t enough foster homes to place children in Tennessee. Some fear that a new proposal to put foster kids with serious behavioral issues into jail-like facilities will make things worse.

• This bill would allow foster care kids who exhibit or even just threaten violence or assault to be put into jail-like facilities with locked cells and barbed wire outside. But it's unclear who would have the final say in determining which children need heightened supervision.

• DCS is looking to solve a different problem - too many foster kids and not enough homes to place them. A recent state audit found officials are holding some kids in temporary spaces like state office buildings. Last year, one child slept in an office for more than 100 days. It's an issue the department has struggled with for years.

• Tennessee already relies heavily on institutional settings instead of homes for kids. Data shows that the state puts more kids into group homes or other facilities than many others and has some of the lowest rates of home-based placements.

• Support for the Bill: DCS officials argue the measure is necessary for the safety of other children and workers, stating that some foster children act out violently.

• Criticism: Critics, including child advocates, argue the proposal "criminalizes trauma," punishes children for state failures in placement, and creates a "shadow juvenile justice system" lacking proper oversight.

• Sleeping in Offices: The proposal comes amid ongoing criticism that Tennessee DCS has failed to secure enough foster homes, leading to children sleeping in DCS offices, sometimes for over 100 days.

• "Inhumane Conditions" Lawsuit: A federal lawsuit filed in 2025 and updated in March 2026 alleges that Tennessee's foster care system is failing children, with kids in transition housing being subjected to "inhumane conditions," including a lack of adequate food or bedding.

• Restraints Policy: Reports indicate DCS previously updated policies to allow for the handcuffing of abused or neglected children in their care.

• Minors who have threatened someone with murder, rape, and other bodily harm or who have a history of these crimes would be placed in secure facilities. These include children and teenagers who have used a firearm in a crime.

  If enacted into law, SB 1868 would place these juveniles in these centers rather than traditional programs such as foster care, a court-approved home, or shelter. These detention centers will have heightened security and heavy amounts of supervision.

  Under current state law, a delinquent child committed to the custody of a foster home or some other facility is released after six months.  SB 1868 could extend a youth’s detention for another six months if the minor is alleged to have committed an assault against a staff member or other personnel.

• The definition of assault in this bill is clearly not clarified and should be consistent with the Tennessee Criminal Code. She pointed out that a standard definition of assault is “intentionally, knowingly, or recklessly causing bodily injury to another, whether or not someone intentionally or knowingly causes reasonable fear and imminent bodily injury.

• Tenn. Senate Bill 1868 would allow ‘indefinite detention’ for juvenile offenders.

(c) Opponents argue that rather than incarcerating vulnerable children, the state should focus on increasing foster home capacity, providing better mental health support, and reducing caseworker caseloads.

Atwater's Goal and Strategies:

• To address the urgent needs of these foster care children, we must employ holistic mechanisms and principles to achieve the right balance and right result for the betterment of the foster care individuals. As the next Governor of the State of Tennessee, I am committed to bringing justice for these children. My special concerns are with children with mental disabilities and autism.

• As a surrogate mom of 92 children, I tried to prevent children from going into the foster care system due to the history of neglect and abuse in some cases. Foster Care can be the last hope for some children, but it can also be a traumatic experience.

• Progressively, the new Committee of Foster Care Children Advocacy would monitor and research all children who have been abused under the present DCS authority and offer mental health counselling and health solutions to these matters. Address the Adverse Community Experiences (ACEs).

• If the State of Tennessee can allocate tax incentives and payments-in-lieu-of-taxes, certainly we can allocate funds for the stability and security of foster care children without using jail-like facilities to house these precious young humans.

• This inhumane abuse of children will cease on day one of my administration. Children are not pawns of the government and should be treated as our greatest asset in the State of Tennessee, no matter what race, creed, nationality, ethnicity, religion, gender, or disability, which includes immigrant children.

• Implementing the "Right Match, Right Fix for Family Plan".

• Alternative ways to address the issue of long stays in temporary housing, and look at other states that have dealt with this issue.

• Reunited as many children as possible with their original families due to drug usage, incarceration, poverty, and mental health issues. We must be in the business of preserving families.

• Invested heavily in building out kinship care and foster care home programs instead. Allocation of funds will come from TANF, revenue from marijuana sales, non-profits, and CDBGs. ($12 Million).

• As the next Governor of the State of Tennessee, I would ensure that this law (SB 1868) never stays on the books or is rescinded with the legislature's support. Foster care kids who age out of the system in these facilities are ineligible for benefits like housing or education assistance. And the state could be walking away from almost a million dollars in federal funding that's only available to states that prioritize putting kids in homes, not behind bars.

• In the Resurrection of Hope Plan, Atwater has a comprehensive plan to address young adults aging out of foster care, which focuses on extending support beyond age 18, offering stable housing, financial literacy, and holistic mentorship. Effective strategies include extending foster care to age 21, providing direct financial assistance, and implementing intensive support programs like Tennessee YouthLifeSkillPower to ensure a successful transition to independence.

• Incorporate transitional programs to enable youth to remain in or return to foster care until age 21, allowing for a slower transition to independence, incorporating life skill training, workforce development, money management, healthy living, drug counseling, gang affiliation disconnection, family reconnection, and mental health counseling. Artificial Intelligence (AI ) Training for young adults aging out of the foster care system.

• Increase funding for the Foster Care Program to provide comprehensive services through age 25, including housing stipends, education/training vouchers, and mentoring.

• Invest in safe housing options, including voucher programs, to prevent homelessness.

• Direct Cash Assistance: Provide "Fostering Independence Accounts" (FIA) pilot or guaranteed income (e.g., $1,200/month to give youth financial flexibility for rent, food, and transport. This pilot program could be a foundation for turning these foster care young adults into productive citizens instead of turning to street survival and criminal activities.

• Educational Support: Provide specialized support to complete GEDs or pursue postsecondary education, including tuition waivers and counseling.

• Job Readiness: Offer comprehensive job training, career mentorship, and assistance with professional skills to ensure financial independence.

• Financial Literacy: Implement mandatory financial training to manage budgeting, credit, and taxes.

• Life Skills Training: Train youth in practical skills like cooking, transportation, navigating healthcare, and navigating social systems.

• Mentoring Programs: Match youth with mentors to provide stable, trusting relationships to combat the isolation often felt after leaving care.

• Mental Health Services: Ensure access to mental health care to address trauma and emotional well-being.

• Secure Medicaid Expansion: Maintain Medicaid coverage for all former foster youth through age 26, regardless of education or employment status.

• Engage Youth Voice: Empower young adults to shape their own plans through initiatives to ensure services meet their actual needs. In the Resurrection of Hope Plan, Atwater has a Youth Empowerment Board of Commissioners.

• Interagency Collaboration: Create strong networks between child welfare, housing authorities, and mental health agencies to prevent gaps in service.

FOSTER CARE INDIVIDUALS & GANG AFFILIATIONS

Foster youth are high-risk targets for gang recruitment due to vulnerabilities like trauma, broken homes, and a desire for belonging, sometimes leading to exploitation in trafficking. With 40% of gang members being juveniles, many foster children are targeted, making early intervention, community involvement, and safety planning essential for foster parents.

Risk Factors and Vulnerabilities

• Targeted Recruitment: Gangs often prey on runaways and children in the foster care system, promising "family," protection, or a lavish lifestyle.

• High-Risk Indicators: Factors include previous abuse, poverty, frequent school changes, and lack of social support.

• Trauma and Belonging: Children with a history of family instability are more likely to seek out gangs for a sense of belonging.

• Exploitation: Criminal gangs have been known to use foster children for sex trafficking and the drug trade.

• A unified and comprehensive strategy to combat child exploitation. Combines law enforcement efforts, community action, and public awareness. The goal will be to reduce the incidence of sexual exploitation of children or teenagers. There are five essential components: (1) building partnerships; (2) coordinating law enforcement; (3) training collaborative partners; (4) public awareness; and (5) accountability.