'We are your children.' Former TN foster child pushes 'foster youth bill of rights' law

NASHVILLE, Tenn. (WZTV) -- A former foster care child in Tennessee is now pushing legislation she wrote to protect other children, growing up as children in state custody.

"Not being able to point out rights violations or advocate for yourself when something is going wrong- that can lead to a lot of damage for kids in the system," said Ella Brinen, 19, who emancipated herself from the Tennessee foster care when she turned 18 years old.

Brinen is advocating for SB 1015/HB 1358, a foster youth bill of rights, that she penned in coordination with Senator Ferrell Haile, R- Gallatin, the Tennessee Bar Assocation, and the state Department of Children's Services.

Brinen's life can only be described as one of strength and inspiration. She's overcome a childhood without parents, often persevering through painful circumstances, as a foster kid.

"Twice I reported what I perceived to be rights violations," said Brinen to a Senate committee, last week. "The first being a severe bug infestation in my bed. And the second, a case worker who visited me only once over the span of six months, to ask for free food at my place of work. Twice I was dismissed."

Brinen also said she was one of the children forced to sleep in DCS offices.

"I knew some kids who were there for like weeks," she said. "That was really chaotic. A lot of kids in one room. Very little supervision."

Fox 17 News has reported foryears onthe troubles surrounding DCS.

When Brinen signed herself free from state custody last year, Brinen also had to track down critical documents, like her birth certificate and social security card, at the last minute. She said DCS workers repeatedly told her they had her documents. The day before she was to be released into the world alone, state employees told Brinen they had none of her identification paperwork.

"It's incredibly difficult to find housing when you can't prove that you exist," she said. "That was my inspiration for writing (the bill). Seeing everything go wrong as I was aging out and thinking, is there anything I can do to fix that?"

Brinen was left in a spiral, having to prove her identity to secure an apartment. Thankfully, the landlord allowed her to move in before she was able to get her identification papers, several weeks later. If the landlord, a former foster child as well, had not shown empathy, Brinen would have had no where to go on her first night released from state care.

"I was evenually able to obtain those documents myself," Brinen said. "But that process of freefalling, and knowing that I am a good advocate for myself... but other kids might not be."

Despite the struggles, Brinen has excelled. She graduated Martin Luther King Jr. Magnet High School with honors, and is now living on her own, supporting herself through a job and a paid internship. In the fall, she'll begin her first year at Belmont University.

"I'm really excited for my future as just a scholar," she said. "I want to learn... and just be normal for my age. Eventually, I want to be a public defender."

But before Brinen embarked on a new life as a young adult, she purposely put her journey on hold for a year- specifically to help other foster children. She worked with Senator Haile to craft a foster youth bill outlining the rights of children, which she hopes will become state law.

The bill guarantees children in state custody fundamental rights, like school, housing, and medical care. The legislation also makes sure these children, at every age, are made aware if their rights and can contact a guardian ad litem or atttorney at any time, if they need to report something wrong. The bill further requires DCS workers to train on the rights of foster children.

"Because of the degree of control the administration (of foster care facilities) will exert over kids, if a child is being held within those facilities, often their contact with the outside world will be restricted, so they can't report (abuse)," she said.

Brinen testified in the Senate hearing of her experience, and on behalf of the 8,000 children in foster care, in Tennessee.

"I'm here with a reminder. When I entered foster care, I became a ward of the state. My legal guardian became the state of Tennessee. So, I urge you to consider this legislation, not as if you're voting for your constituents, but as if you were voting for the future of your child," she told legislators. "We are your children, and we are begging you for your support."

The bill has several more votes to pass, before becoming law.