Change Williamson County policy denying parents immediate access to children in custody
I was shocked to find that I couldn’t actually speak to my son or see him. It’s an awful moment when you find out that any child in your care has been detained by law enforcement.
Not being able to communicate with or see him for 24 hours felt like a lifetime, and it raises grave questions about Williamson County’s Juvenile Justice Detention Center policies.
Three weeks. That’s how long my son had been in my home before my wife called me and let me know that he was being held in police custody. At first, I thought it was a prank. My wife’s tone quickly clarified the gravity of the situation.
For a little context, our family is a therapeutic foster home. Every child deserves a chance at a successful future no matter what life throws at them. My son has endured so much at such a young age. A kid in a new home, in a new community, in a new middle school, picked up by the police is, by definition, in an extremely vulnerable position.
I also understand that law enforcement has a job to do. They keep our communities safe, and I’m grateful for their service.
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This is what the juvenile detention rules in Williamson County say
My singular focus is the Williamson County Juvenile Detention Rules, more specifically, the provisions relating to contact with parents and attorneys:
10. Generally, each detainee, after being detained for twenty-four (24) hours, will be allowed one (1) phone call per day. At a minimum, detainees will be afforded at least one (1) call per week. Phone calls will generally be made between 2:00 p.m. and 9:00 p.m., limited to ten (10) minutes, and be made only to parents/guardians, clergy, counselors, and attorneys.
11. Visitation will be allowed after a juvenile has been detained for twenty-four (24) hours. Visitation hours are: 2:00 p.m. to 4:00 p.m. and 6:00 p.m. to 8:00 p.m. for parents or legal guardians only. Detainees will be allowed one 30 minute visit per day.
Any minor in legal jeopardy of any kind needs immediate access to his or her parents or legal guardians. Time is of the essence.
The Tennessee Rules of Juvenile Practice and Procedure are clear on the matter. A detention facility, must both verbally and in writing, inform a detained child of the “right to communicate with the child’s attorney and parent, guardian or other custodian, and that provision will be made by the detention facility to allow for such private communication.”
Such a right attaches immediately. The rule does not say that a child will eventually have the right. It does not create a 24-hour period before the right exists. The implications of the Williamson County policy are potentially draconian for children and families.
Parents and guardians need to be able to guide children in trouble
While in custody, anything children say in relation to the charges against them may be used in court. We don’t allow minors to enter contracts or make any number of legally impactful choices. Why on earth would we allow them to go for a whole day in lockup, in a legally precarious situation, without access to a parent or guardian to guide them?
When I asked Zannie Martin, Williamson County’s director of the Juvenile Court, about the policy on the day of my son’s detention hearing, she explained that the facility needed to balance the rights of the child in custody against “public safety.” The children in question are in a secure detention facility. They can’t leave. They’re clearly not a threat to anyone. Allowing them to speak to a parent simply isn’t a public safety issue.
I asked Ms. Martin to produce a copy of the policy for me to inspect, and she told me “we would discuss it later.” She even tried to tell me that as a foster parent, my parental rights weren’t the same as biological parents. I understand her frustration that a parent might raise questions about not having access to his or her child, but I’m frankly shocked it hasn’t been a significant issue previously.
After my formal written request under Tennessee’s open records law, Ms. Martin graciously emailed me a copy of the policy.
It's lunacy to shut out parents from their children's welfare
The Williamson County detention center policy doesn’t differentiate between types of parents. Biological parents, single parents, good parents, and bad parents are all cut off from their children for 24 hours if they’re detained at the Williamson County juvenile justice facility. While I have no reason to believe my son was harmed, questioned, or mistreated in any way, I shouldn’t have to take the facility’s word for it. Such a rule is unacceptable, legally dangerous, and constitutionally suspicious.
I again asked Ms. Martin how the county’s detention rules in the first 24 hours complied with the state’s detention requirements. She sent me the Williamson County Juvenile Court’s response as follows:
Williamson County Juvenile Court’s policy exceeds the minimum standard set by the state of one phone call and one visit per week. Detained youth are provided daily contact visits with parents and guardians during visitation hours and daily phone calls to a parent or guardian. It is also important to note, youth are provided unlimited access to attorneys, clergy, staff, medical, and DCS case workers.
The court doesn’t offer one word about the 24-hour contact prohibition for parents or guardians. A policy that grants a child’s pastor “unlimited access” while the child’s own mother and father endure silence is lunacy.
Juvenile detention should be about setting kids on the right path
Nobody wants to talk about their children who encounter the juvenile justice system because it’s embarrassing for families. I’m not ashamed to admit that my family is doing our best to raise four young men with the character to lead their communities and families in the future. It doesn’t always go well, and I’m grateful for a community that helps us on the journey. I’ve already seen that the judge, my son’s attorney, and the juvenile justice staff care deeply about helping children progress while maintaining a safe community.
The whole point of the juvenile justice system is to redirect kids onto the right path so they don’t commit crimes as adults. If we didn’t care about that, we’d just try everyone as adults. Children in the foster system are in even worse shape because they live lives of perpetual disruption. Legal trouble renders them even more unwanted and isolated.
Every child should experience the consequences for his or her choices consistent with the law. Like it or not, sometimes that is necessary to help them grow. They shouldn’t do it alone, not even for a moment. That’s literally why parents and guardians exist.
I don’t wish an encounter with the juvenile justice system on any parent. I hadn’t planned on it myself. Nevertheless, children don’t immediately surrender their rights when they make poor choices. In truth, that’s when those protections matter the most.
On the uncomfortable day where you get a phone call like I did, I hope we’re able to make enough changes to ensure that you can hear the sound of your child’s voice, and he can hear yours as well.
USA TODAY Network Tennessee Columnist Cameron Smith is a Memphis-born, Brentwood-raised recovering political attorney who worked for conservative Republicans. He and his wife Justine are raising three boys in Nolensville, Tennessee. Direct outrage or agreement to smith.david.cameron@gmail.com or @DCameronSmith on X, formerly know as Twitter. Agree or disagree? Send a letter to the editor to letters@tennessean.com.
This article originally appeared on Nashville Tennessean: Parents should be allowed to contact children in custody immediately
