4yr old Joshua Deshaney lived with an abusive father in Wisconsin.
At one point Social Services took custody, but returned him after 3 days.
paralyzed and mentally disabled thanks to his father.
Joshua's mother sued Social Services for returning him.
What's the question?
The department had deprived the child of his "liberty interest in bodily integrity, in violation of his rights under the substantive component of the Fourteenth Amendment's Due Process Clause, by failing to intervene to protect him against his father's violence."
Does the state's failure to protect an individual against private violence constitute a violation of the Due Process Clause of the Fourteenth Amendment? - Court
"The Clause is phrased as a limitation on the State's power to act, not as a guarantee of certain minimal levels of safety and security; while it forbids the State itself to deprive individuals of life, liberty, and property without due process of law, its language cannot fairly be read to impose an affirmative obligation on the State to ensure that those interests do not come to harm through other means." - Court
"DeShaney v. Winnebago County Department of Social Services." Oyez. Chicago-Kent College of Law at Illinois Tech, n.d. Jan 19, 2016.
Majority Vote 6-3
The constitution should protect children from their parents! This wouldn't have played out the same way in this day and age. If we brought this up nowadays, it would be an outrage. For one, Social Services had every right to take him away. But why'd they return him? It wasn't in his best interests to return him. They should have gotten in trouble for this, and if it happened again I'm sure they would.
I Agree with the court'sdecision, but I feel social services should have had a better reason to return the kid, Because when the child had been returned to his parents, he was abused and paralyzed. Social services could have prevented this if they had kept the child and not given him back to the parents.
So what do you think?
Should Social Services had gotten in trouble for their mistake in returning the boy to adangerousenvironment.