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TIME: Almanac 1990
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1990 Time Magazine Compact Almanac, The (1991)(Time).iso
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time
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030689
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03068900.009
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1990-09-17
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LAW, Page 56"Poor Joshua!"The Supreme Court absolves states in child-abuse cases
Joshua DeShaney is paralyzed and profoundly retarded, the
victim of brutal pummelings at age four by his father. Joshua, now
nine, is also the victim of inaction by Wisconsin's Winnebago
County department of social services. The agency failed to remove
the child from his divorced father's custody despite continual
reports of abuse for nearly two years, repeated hospitalizations
for serious injuries, and regular observations by a caseworker of
suspicious bumps and lesions. Joshua's father was convicted of
child abuse in 1984 and paroled from prison after less than two
years. Last week, in a ruling that stunned children's rights
advocates around the country, the U.S. Supreme Court voted 6 to 3
to absolve Winnebago County of constitutional responsibility for
Joshua's fate.
"A state's failure to protect an individual against private
violence," declared Chief Justice William Rehnquist, was not a
denial of the victim's constitutional rights. "While the state may
have been aware of the dangers that Joshua faced in the free world,
it played no part in their creation, nor did it do anything to
render him any more vulnerable to them." The majority's ruling
provoked an emotional dissent from Justice Harry Blackmun. "Poor
Joshua! Victim of repeated attacks by an irresponsible, bullying,
cowardly and intemperate father, and abandoned by (county
officials) who placed him in a dangerous predicament," he wrote.
"It is a sad commentary upon American life and constitutional
principles."
Government child-welfare agencies expressed relief over the
decision. "A contrary ruling would have seriously affected programs
and budgetary priorities," explained Benna Ruth Solomon of the
State and Local Legal Center in Washington. For child advocates,
the opinion was deeply troubling. Said James Weill of the
Children's Defense Fund: "It's part of a line of decisions in which
the court has indicated significant hostility to legal protections
for children." Suits against agencies may still be filed in some
state courts, but local laws often permit little or no recourse.
In Joshua's case, a Wisconsin statute limits damages to $50,000 --
less than the cost of a year's medical care for the tragically
battered youngster.