NCJ Number
116010
Journal
Child Protection Report Volume: 15 Issue: 5 Dated: (March 3, 1989) Pages: 1,4
Editor(s)
W E Howard
Date Published
1989
Length
2 pages
Annotation
Taking what child advocates believe is a 'very narrow view,' the U.S. Supreme Court has ruled that the Constitution does not obligate States to protect its citizens from harm by private persons, even when a child protective services worker knows that a child is being abused by a caretaker and does nothing to stop it.
Abstract
The court, by a six to three vote, held that failure of the Winnebago County Department of Social Services, Oshkosh, Wis., to safeguard young Joshua DeShaney from his father's beatings over a 2-year period did not violate the boy's constitutional rights under due process protections of the 14th amendment. Severe brain damage rendered Joshua retarded to the extent that he is expected to be institutionalized for the rest of his life. Robert Horowitz of the American Bar Association's National Legal Resource Center for Child Advocacy and Protection was disappointed that the case was restricted to the 14th amendment due process issue. He had hoped for a stronger statement of State liability in cases where children are abused while in foster care. The Supreme Court's decision could relieve States from pressure to improve their child protection service systems by upgrading worker's competency.