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.)


GDOL To Help Roper Recruit Manufacturing Workers Friday In Summerville

Roper Corporation, a division of GE, will recruit about 80 manufacturing workers for its LaFayette facility Friday. The recruitment will be held from 10 a.m.-2 p.m. at the Chattooga County Civic Center, 44 Highway 48 in Summerville.  The company, which manufactures kitchen stoves and microwaves, will be hiring production and assembly-line workers. Salaries begin at $12.30 ... (click for more)

Multiple Trial Errors In Memphis Case Result In New Trial For Defendant

The Tennessee Supreme Court has granted a new trial in a Memphis case in which a man was convicted of rape of a child. In 2012, Frederick Herron was sentenced to 25 years in prison for the rape of his ex-wife’s younger sister. The victim, who said she was between the ages of eight and 12 when the rapes occurred, lived with her sister and the defendant at the time they were ... (click for more)

Robber Is Shot By Victim In Attempted Robbery On East 43rd Street

One person was shot during a robbery attempt at 4314 Rossville Blvd. around 1:50 p.m. on Thursday.  The Chattanooga Police Department is investigating the robbery that ended in a shooting near East 43rd St. at Miller Auto Sales.  The robbery victim shot the suspect.  The suspect was taken to the hospital for treatment of injuries. Chattanooga ... (click for more)

Fire On Crutchfield Street Ruled Arson

Chattanooga fire investigators have determined that last Thursday’s fire at 1207 Crutchfield St.  that nearly killed four people was deliberately set. Lt. Henry McElvain with the Fire Investigation Division said he cannot divulge the reason why he thinks it’s arson, but he is asking for help from the public. If anyone has information that can help solve this case, call ... (click for more)

The Problems With Prescription Drug Addiction

In Tennessee today, we have a major problem with prescription drug addiction, particularly when powerful opioid pain relievers are concerned.    For the first time in 2012, Tennesseans abused prescription opioid drugs more than alcohol.  Our young people ages 18-25 abuse prescription opioids at a 30 percent higher rate than the national average.  In just five ... (click for more)

Roy Exum: I Recall J.C. Owens

If you were to go to Oakville, Ala, a little ways from Decatur, about the biggest thing you’d find would be some 20 or so Indian mounds, where the early tribes would bury their dead many centuries ago. But if you sniffed around a bit, you’d learn it was the birthplace of James Cleveland Owens, a man whose name is of no consequence to anyone. I’m proud to say I talked to him ... (click for more)