Deshaney v. Winnebago County

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Jason, a seven year old child, is in the second grade. At school, his teacher noticed he was having problems sitting during class. She asked Jason why he was wiggling around in his seat and what was wrong. Jason replied that his daddy had given him “a real whipping” last night for coming home late after school. The teacher immediately sent Jason to the school nurse for evaluation.

Questions:

Pursuant to Chapter 39 of the Florida Statutes, which persons have an affirmative obligation to report suspected cases of child abuse? In this fact pattern, does either the school teacher or the school nurse have an affirmative obligation to report this incident and are their any civil or criminal penalties imposed by law if they fail to report or if they incorrectly report the incident?
If a protective investigation is initiated pursuant to Chapter 39 of the Florida Statutes, is the State Department of Children and Families (the state child protection agency) obligated to work with law enforcement to investigate the case?
How effective are child abuse registries and what is there primary purpose? What rights do parents have in regards to having their name removed from the abuse registry?
Does the state have an affirmative legal obligation to protect children from abuse and what happens if the state fails in this obligation? What does a “special relationship” mean explained in Deshaney v. Winnebago County?

Sample Solution

The State’s Obligation to Protect Children from Abuse and the “Special Relationship” Doctrine

The State’s Affirmative Obligation:

The state does have an affirmative legal obligation to protect children from abuse. This obligation is derived from various sources, including:

  • The Due Process Clause of the Fourteenth Amendment: This clause guarantees individuals certain fundamental rights, including the right to liberty. The Supreme Court has interpreted this right to include the right to be free from harm, especially when the state has taken custody of a child or has assumed a responsibility for the child’s welfare.
  • State Child Abuse Laws: Most states have specific laws that outline the state’s obligation to protect children from abuse and neglect. These laws often require the state to investigate reports of abuse and take appropriate action to protect children.

Consequences of State Failure:

If the state fails to fulfill its obligation to protect children from abuse, it can be held liable for damages. This can include monetary compensation for the child or their family, as well as injunctive relief to compel the state to take action.

The “Special Relationship” Doctrine:

The “special relationship” doctrine, established in the landmark case DeShaney v. Winnebago County, outlines the circumstances under which the state has a legal obligation to protect an individual from harm. The doctrine states that the state has a special relationship with an individual only when it has taken custody of the individual or has assumed a responsibility for the individual’s welfare.

In the context of child abuse, the state typically has a special relationship with children who are in foster care or other state-run institutions. However, the state does not have a special relationship with children who are living with their parents, even if the parents are abusive.

In DeShaney, the Supreme Court held that the state did not have a special relationship with a child who was abused by his father, even though the state had been aware of the abuse. The Court reasoned that the state’s obligation to protect children from abuse arises only when the state has taken custody of the child or has assumed a responsibility for the child’s welfare.

 

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