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.)


Kid To Kid Chattanooga Awarded Store Of The Month For August

Kid to Kid in Chattanooga, owned by mother and son, Lyn and Justin Shepherd, has been awarded Store of the Month for August. Through this award, the Kid to Kid franchise recognizes achievement exhibited by one of its more than 100 children’s resale locations across the United States, Canada and Portugal. As one of three Kid to Kid stores in Tennessee, Kid to Kid Chattanooga ... (click for more)

16 Young Professionals Selected For YPAC’s Protégé Chattanooga 2016-2017 Class

The Young Professionals Association of Chattanooga (YPAC) announced the individuals selected for its 2016-2017 Protégé Chattanooga mentorship program.  This year’s class includes: Joseph Cadle , Business Development Consultant, Tennessee Department of Economic and Community Development Amy Donahue , Director of Marketing and Communications, River City ... (click for more)

Boy In Critical Condition; Another Person Stabbed And Man Shot In Dispute At Apartments On Citico Avenue

A boy is in critical condition after being stabbed on Sunday afternoon in what police described as a dispute between neighbors. One other person was stabbed and a man was shot in the melee in the 2700 block of Citico Avenue. The injuries to the second person stabbed and the shooting victim were said to be not life-threatening. the incident happened at the City View Apartments. ... (click for more)

Woman, 25, Shot On Dodson Avenue Early Sunday Afternoon

A 25-year-old woman was shot onDodson Avenue just after noon on Sunday. Officers with the Chattanooga Police Department were notified at 12:13 p.m. by a local hospital that a victim arrived with a gunshot wound. The shooting reportedly occurred in the 1300 block of Dodson Avenue. Shaday Millener arrived at the hospital in a personal vehicle with a non-life threatening ... (click for more)

Patrol Cars Donation To Kevin Muhammad's Nation Of Islam Sets A Dangerous Precedent

Re: City Police donating two patrol cars to Kevin Muhammad's Nation of Islam: While I know it's unpopular to mention the wisdom of separation of church and state, this sets a dangerous precedent and should meet with concern from everyone who values religious and secular freedom. What's next? Southern Baptists getting old city parking scooters to patrol church parking lots ... (click for more)

Roy Exum: Thanks A Lot For Nothing

Somebody should have gotten an award last Tuesday when a 90-minute “education summit” involving our school leaders, politicians and media produced absolutely nothing. Zilch. Zero. Oh, there are a number of candidates we could give an award for “nothing,” both in our school district and on its fringes. Yet to find Tennessee Commissioner of Education Candice McQueen brought her high-and-mighty ... (click for more)