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.)


UT & TSU Extension – Hamilton County Offers Workshops And Seminars

The  UT & TSU Extension – Hamilton County office in Chattanooga will offer several workshops and seminars: Farm to School Food Safety Workshop presented by UT Extension - Hamilton County will be held Dec. 10, at Orchard Knob Elementary, 2000 East 3 rd St., Chattanooga, Tn. 37404. The workshop will cover Meet and Greet, Tour School Facilities, Food Safety for Growers, ... (click for more)

Local Vapor Store Expands; Creates Premium Chattanooga-Inspired EJuices

After opening on June 12, the locally-owned Chattanooga Vapor Company has continued to thrive at its North Shore locations off of Frazier Avenue and in Soddy Daisy, at the corner of Dayton and Thrasher Pike. No matter where one falls within the company’s three-step process, they ensure each individual’s needs are met. Its focus on helping people quit smoking and using tobaccos is ... (click for more)

County Schools Have Plan To Put Security Cameras At Every School

The Hamilton County Schools have a plan to put security cameras in every school, Supt. Rick Smith told the County School Board Thursday night. He said the money would come from the $2,201,000 the schools received last year from the sale of the old Ooltewah Elementary School property. The proposal must get approval from the School Board at the December meeting, then from the ... (click for more)

Lookout Mountain, Ga., Raises Sewer Rates; Joins In Kudzu Fight

The Lookout Mountain, Ga., City Council on Thursday night approved an increase in sewer charges. The council approved ordinance 281 increasing sewer rates to $6 per 100 cubic feet of water from the previous rate of $4.77.  The new increase will be in effect in January 2015.    City Manager Brad Haven said the town will be replacing the flow meter for ... (click for more)

Don't Allow Us To Be Overrun By People Who Do Not Belong Here

Thank you, Senator Corker, for your clear, concise evaluation of the president's attempt to bypass Congress and personally and independently establish national policy that violates our current immigration laws.   Our long-standing failure to enforce our laws to control illegal immigration across our southern border has made this country less safe and ... (click for more)

Roy Exum: Quick! Arm Our Guards

When I learned last Wednesday that Chattanooga’s leading hospital, in a ridiculous attempt to be more “family friendly,” planned to disarm its security guards. I was aghast but decided to wait for the proper “incident” to illustrate how stupid members of our “free thought society” can sometimes be. It took exactly one week. A bit after midnight on Thursday morning a gunman appeared ... (click for more)