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- LAW, Page 56"Poor Joshua!"The Supreme Court absolves states in child-abuse cases
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- 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.
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- "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."
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- 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.