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- LAW, Page 56"Poor Joshua!"
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- 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.
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