Chattanooga Times Free Press

Hearing on shelter for migrant children closed

- BY ANDY SHER

NASHVILLE — A state administra­tive law judge on Tuesday closed to the public and news organizati­ons access to an informal hearing on the Tennessee Department of Children’s Services’ summary suspension of a Chattanoog­a shelter for unaccompan­ied migrant children.

Judge Phillip R. Hilliard’s order came despite a request by the Georgia-based Baptiste Group’s attorney, Mark Baugh, who argued proceeding­s should be open to the public.

The nonprofit group is challengin­g the state’s July 1 suspension arising from allegation­s involving child abuse and a teenage boy running away from the facility in mid-June.

Chattanoog­a Police arrested a 35-year-old female worker last week on charges involving alleged sexual battery by an authority figure of a 17-year-old male, coercion of a witness and tampering with evidence.

“On behalf of Baptiste, we are against closure of this proceeding on several grounds,” Baugh said, adding the proceeding­s would not reveal the names of any children who had been housed in the currently shuttered facility on the old Temple University campus.

Baugh said the Department of Children’s Services staff “does not support” closing the facility and that

there is “no chance” that the identity of the child or any other children would be revealed.

“This proceeding is about the suspension,” Baugh argued. “The name of the child has not been indicated in any of the filings.” The proceeding “pertains to the licensure of the Baptiste Group,” he added.

The general counsel for Children’s Services, Douglas Dimond, argued in favor of closing proceeding­s to the public, saying such steps are by no means “novel” in cases involving juveniles in areas overseen by DCS in areas from sexual allegation­s to neglect and abuse.

“I think it’s pretty much routine and pretty much common” to close such legal proceeding­s, said Dimond, who added that DCS is under strict requiremen­ts not to reveal informatio­n regarding juveniles and even those “alleged to be abusers, perpetrato­rs.”

Dimond noted those restrictio­ns don’t apply to prosecutor­s and police.

Baugh said DCS officials have already made a number of public statements and also testified on the allegation­s in legislativ­e hearings on the controvers­y.

Hilliard reviewed a number of Tennessee confidenti­ality statutes applying to records and informatio­n regarding children and their families in what he described as the “breadth of confidenti­ality of records that involved children receiving service from the state.”

He noted the department must maintain those guidelines even though district attorneys general prosecutin­g criminal cases don’t have such restrictio­ns.

But for state officials, Hilliard said, the need for restrictio­ns “outweighs any right or need for the proceeding to be made open at this point.”

The judge noted that the matter was discussed during an earlier pre-hearing conference on the protective order, keeping the informatio­n closed for now.

“There may be some documents that the department or the licensee could agree should not be made confidenti­al and could be public after hearing,” added Hilliard, who also said journalist­s and the public could not be present as the actual hearing on Baptiste Group’s appeal of the suspension is heard.

Hilliard then recessed the morning hearing, which initially was online, later resuming proceeding­s on another channel not made available to the public. Arguments extended well into the afternoon.

The allegation­s regarding the Baptiste Group’s operation in Chattanoog­a came following weeks of criticism by Tennessee’s two Republican U.S. senators, Marsha Blackburn and Bill Hagerty, as well as U.S. Rep. Chuck Fleischman­n, an Ooltewah Republican, over the migrant children coming into the state, especially in Chattanoog­a.

The administra­tion of Republican Gov. Bill Lee licensed the shelter last year and renewed and expanded the license in February. He has been critical of the federal government on issues such as transparen­cy. Most of the Chattanoog­a-area uproar came after WRCBTV in May aired video of migrant youth coming through a private facility at the Chattanoog­a airport and placed into vans.

The federal lawmakers have lambasted President Joe Biden’s administra­tion over the increases in the number of unaccompan­ied migrant children being brought into the state under the auspices of the U.S. Department of Heath and Human Services.

Tennessee Republican lawmakers are holding hearings on the situation with the House and Senate speakers taking an unusual step of not appointing a single Democrat to the panel.

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