Two black parents from Georgia are reportedly fighting to get their five children back from Tennessee. The saga began when they were pulled over for tinted windows and arrested for possession of a small amount of marijuana more than a month ago.

Bianca Claiborne and Deonte Williams were on their way to a funeral in Chicago on February 17 when Tennessee Highway Patrol pulled them over for being “dark in color”.[ed windows] and driving in the left lane without active overtaking”, according to Lookouta non-profit news organization that broke history and spoke to the family.

According to Tennessee Lookout, after the car was pulled over, police found a joint and a small amount of marijuana in the bag, less than five grams of marijuana in total. The police charged Williams with a misdemeanor and arrested him, while Claiborne was charged.

But just six hours later, Claiborne, who was not arrested, reportedly had her five children taken from her and placed in state custody after the State Department of Children’s Affairs requested and received an emergency order from a judge. Their youngest child is a four-month-old boy who is still breastfed, Claiborne told Tennessee Lookout. The remaining children are aged 2 to 7 years.

The state reportedly accused the family of putting their children in danger in court documents obtained by Lookout.

Williams told Tennessee Lookout that this is a lie and that he believes the state “kidnapped” his children. Claiborne told Lookout her health has been affected, including a trip to the emergency room due to a panic attack last weekend, which she attributes to the anguish of separation from her children.

A lawyer representing the family said their ordeal “shocks the conscience”.

“I just have to believe that if my clients looked different or had a different background they would just be given a link and told you just keep these things away from kids while you are in this state and they would be on his. way,” Nashville lawyer Jamaal Boykin told Tennessee Lookout.

The Department of Children’s Affairs told VICE News in a statement that state anonymity laws prevent them from commenting on active cases and suggested that “anyone who releases the contents of a minor’s petition is breaking the law.” However, DCS said the Coffee County Judge was responsible for the decision to place Williams and Claiborne’s children in state custody.

“DCS and law enforcement are following evidence collection protocol,” a spokesperson for VICE News said via email. “These findings are then presented to the court. In this case, the evidence led the court to place the children in DCS custody.”

A spokesman for the Tennessee Highway Patrol told VICE News in a statement that “criminal investigations and prosecutions are ongoing and the District Attorney’s office serving Coffee County has claimed the privilege of not releasing documents at this time,” citing Criminal Justice Rules in Tennessee Courts.

Tennessee’s foster care system has long been recognized as one of the most dysfunctional in the nation. In July 2021, seven children in state custody spent the night at the DCS office in Nashville, including several children who slept on the floor. according to video obtained by Tennessee Lookout at the time.

And last year, the Tennessee Commission on Children and Youth says the report that from 2016 to 2020, the state had the highest rate of foster care instability in the nation, defined as three or more placements in the first year of detention. At the time, more than 33 percent of cases in Tennessee met this definition, compared to a national average of 14 percent. (Supreme Senator of Tennessee Republican Party filed a bill to abolish the Commission for Children and Youth.)

Democratic State Senator London Lamar said at a press conference on Thursday that the justice system is “absolutely inadequate [the] children on charges of misdemeanor.

“It’s absolutely ridiculous when marijuana is legal in about half the states in the country, and a black family has five children taken away and placed in a DCS that does a poor job of caring for the children they already have.” Lamar said Thursday. “And they will not return their children to them on charges of wrongdoing.”

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