NCJ Number
132157
Journal
Children's Legal Rights Journal Volume: 11 Issue: 2 Dated: (Summer 1990) Pages: 8-23
Date Published
1990
Length
16 pages
Annotation
This article examines the implications of the U.S. Supreme Court's decision in DeShaney v. Winnebago County Department of Social Services (1989) for departments of social services in the management of children at risk for abuse.
Abstract
"DeShaney" involved a civil rights action brought pursuant to 42 U.S. Code section 1983 for an alleged violation of the substantive due process rights of a child who was beaten by his father so severely that he suffered permanent brain damage. The Court affirmed the lower court's grant of summary judgment to the respondent Department of Social Services. With this vote of confidence in the individual caseworker's discretion and condonation of the caseworker's failure to remove the child to prevent his injury at the hands of a known abuser, "DeShaney" may significantly limit liability for civil rights violations in some circumstances. This decision does not, however, affect most of the cases filed in this context. More and more cases continue to be filed, and the results are inconsistent. Additionally, class actions pose a significant challenge for child welfare agencies. Once a lawsuit is filed, the results become less predictable than if foreseeable problems within the system are addressed in advance. Agencies should identify and assess the risks of liability under various policies and procedures and develop risk-management procedures that reduce risks and resulting loss. 150 notes