The case between Deshaney v. Winnebago Co. Dept. of Social Services (DSS) involved the custody of Joshua Deshaney who, after the divorce of the parents, he was left under his father's custody. The DSS suspected that child abuse against Joshua by his father, and thus they wanted to have the hospital take the custody of the child. However, their effort to rescue the child from the abuse hit the hard rock after the court granted Mr. Deshaney the right to have the kid under his custody. In this reading, the petitioner, Joshua's mother takes o the DSS for failure to protect her child from the abuse he underwent from his father although they were pretty aware. She sought compensation for the harm inflicted to her and her child Joshua. The defendant, the DSS had its defense in that the father and not the state committed the offense. In this case, the defendant claimed that they had no power to interdict the offender.
An implication of law was portrayed in the trial for the reasons given in defense of the respondent. In the first place, the fourteenth amendment has a defined provision for the right to protection against any form of abuse. Children being a part of the population enjoys the right to protection and freedom which Joshua lacked. In defense, the responded argued that there was nothing they could do to rescue Joshua since his father did the abuse. This was despite numerous visits by DSS to Dashaney's home to examine Joshua's progress which proved deteriorating every time.
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