‘These are children:’ Judges say DFCS defied state laws over keeping kids detained

ATLANTA — It’s a request that state judges said they couldn’t believe was being asked of them.

“I was shocked, I think for a few seconds the silence was deafening,” said Judge Nhan-Ai Simms of Gwinnett County.

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Judges from Paulding, Gwinnett, and Fulton County testified before Senator Jon Ossoff during the second of a series of hearings connected to a federal inquiry into the state’s handling of foster children.

The bipartisan investigation was launched earlier this year after a series of Channel 2 Investigations.

The judges testified they were requested to keep special needs children detained by the Division of Children and Family Services Director Candance Broce, during an August meeting.

“This was not private, this was not overheard in passing, it was in a room of over 30-something judges,” said Judge Carolyn Altman of Paulding County.

Judge Carolyn Altman says the request directly violates state law and she was stunned when DFCS executive leaders suggested amending the law to fit their request.

“The law specifically prohibits detaining a child because of lack of placement, and then general counsel…says well we can change that,” Altman said.

Last week, Mon’a Houston testified that she was forced to stay in a juvenile detention facility after caseworkers couldn’t find her placement.

“During this time, I was often physically restrained, they slammed me into walls and put my arms into locks,” Houston said.

Retired Fulton County Judge Wenona Belton has more than 20 years on the bench and testified this is the worst she’s ever seen this division.

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“Based on what I saw in my courtroom, I do agree, I wholeheartedly agree,” said Judge Belton.

In an analysis part of this inquiry, the National Center for Missing and Exploited Children found between 2018 and 2022, 1,790 were reported missing while in state care. Ossoff says that number is around 2,500, including cases where children were repeatedly reported missing.

Channel 2 Action News reached out to DFCS for a comment, but they have not responded.

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