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10 - Commentary on DeShaney v. Winnebago County Department of Social Services

Published online by Cambridge University Press:  08 July 2020

Rachel Rebouché
Affiliation:
Temple University, Philadelphia
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Summary

In 1980, after the divorce of Randy and Melody DeShaney, a court granted Randy DeShaney custody of his one-year-old son, Joshua.1 In 1982, Winnebago County Department of Social Services (DSS) received the first report that Joshua may have been subject to abuse by Randy. DSS, however, took no action until 1983, when hospital authorities notified DSS that Joshua had been admitted with injuries consistent with child abuse. DSS ordered Joshua’s temporary removal from the parental home and formed an ad hoc team to review Joshua’s situation. The team decided that there was no conclusive evidence of abuse and returned Joshua to Randy, issuing several recommendations agreed to by Randy, including that he obtain counseling services, enroll Joshua in a preschool program, and that his girlfriend move out of the home (on suspicion that she may be abusing Joshua).

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Publisher: Cambridge University Press
Print publication year: 2020

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