Lee Davis: 6th Circuit Hears TN Case About 13-Year-Old Child Labeled Child Abuser By DCS

Thursday, February 21, 2013
Lee Davis
Lee Davis

The Sixth Circuit Court of Appeals recently decided a case out of Tennessee involving a 13-year-old labeled a child abuser DCS but this label is vehemently contested by his parents.

The case, Wright v. O'Day, concerning a young boy known as D.W., was brought by the child’s mother who sued the Governor of Tennessee and the Commissioner of the Tennessee Department of Children’s Services claiming that they violated the boy’s due process rights by including him on the state’s child abuse registry without first offering him an administrative hearing to challenge the listing.

The issue arose after D.

W. was accused by another child, L.M., of touching his penis and sticking his finger in L.M.’s butt. D.W. denied the allegations during an interview with Children’s Services, but was later told that he would be indicated as a perpetrator of child abuse in the state’s official registry.
D.W. and his mother asked for a formal review of their case, but were never told what evidence had been collected against the boy. He was also denied an administrative hearing because the Children’s Services office claimed the designation would not affect his employment. D.W. pointed out that the designation would not disappear when he turned 18, but would instead follow him for life.

When the case was brought before a lower court, the Commissioner of the Tennessee Department of Children’s Services filed a motion to dismiss, arguing that any claim based on the child abuser designation’s effect on D.W.’s employment did not present a justiciable case or controversy because D.W.’s claim of injury was speculative.

The district court agreed with the Commissioner and decided to dismiss the case, saying that the harm caused by the designation was in the future and was thus not justiciable.

The Sixth Circuit disagreed, holding that the designation as a child abuser is essentially permanent and that this amounts to a concrete injury. Given this injury, the child should not have to wait until he is denied an employment opportunity to bring the challenge. The Sixth Circuit made clear that because the classification as a child abuser leads to actual injury, D.W. has standing to challenge the classification.

To read the full opinion, click here.

---

(Lee Davis is a Chattanooga attorney who can be reached at lee@davis-hoss.com or at 266-0605.)


Northwest Georgia’s Unemployment Rate Falls To 7.1 Percent In September

The Georgia Department of Labor announced Thursday that the unemployment rate in the Northwest Georgia region in September was 7.1 percent, down 1.0 percent from 8.1 percent in August. The rate in September of last year was 7.8 percent. The rate dropped because there were 4,034 fewer unemployed people in the Northwest Georgia area in September, according to the federal government’s ... (click for more)

GeorgiaBEST Implemented At Georgia Northwestern

State Labor Commissioner Mark Butler announced that Georgia Northwestern Technical College (GNTC) in Rome has become the first institution of higher learning in Georgia to offer GeorgiaBEST, the Georgia Department of Labor’s (GDOL) initiative that teaches workplace soft skills. “I commend President Pete McDonald for recognizing the need to incorporate soft skills training ... (click for more)

Chattanooga Firm Gets $1,010,000 Contract For Overseeing VW Expansion For New SUV Line

A Chattanooga firm is getting the contract for overseeing the construction work for the new SUV line at the Volkswagen plant. Officials said the EMJ Corporation has been selected for the project that will give a new surge of activity and employment at the plant at the Enterprise South Industrial Park. The work includes additions to the body shop and tech center and adding ... (click for more)

Man Airlifted To Erlanger After Early Morning Crash In Bradley County

Bradley County EMS responded to an early morning crash Thursday at 7 a.m. at the intersection of Lauderdale Memorial Highway and Walker Valley Road in Charleston. Three ambulances and an EMS supervisor responded to the scene. There were three vehicles involved and one car left the roadway.   One adult man suffered serious injuries and it was determined that he needed ... (click for more)

Chairs Cost How Much?

Many times while growing up, I would go to the store with my parents. More often than not, I would see something I wanted, and ask my parents to buy it for me. More often than not, they said no. “Why?” I asked. “Son, money doesn’t grow on trees.” That’s a phrase I’m sure many of us have heard more than once over the course of our lives. However, I have since learned that they were ... (click for more)

Roy Exum: My Dear Friend Luther

One sunny morning in June years ago, the renowned radio icon Luther Masingill was on his way back to the WDEF studios on South Broad Street when he stopped for a red light and noticed a young couple in a car idling next to his familiar light blue Ford pickup. “What caught my eye was a buck-toothed boy eating a banana in the back seat,” he explained in an aside to that day’s lunchtime ... (click for more)