Reprinted with the permission of the Atlanta Journal and the Atlanta Constitution.
Child Protection Lawsuit Justified
The Aug. 24 editorial 'Revenge no Answer' applauded a federal district
court's dismissal of a lawsuit that sought to hold the state of Georgia
accountable for the death of Terrell Peterson.
The editorial wrongly stated the lawsuit sought revenge. Lawyers have
not sought monetary damages, but a court order to ensure that the state
implement protective procedures for other children like Terrell in the
future. Rather than revenge, the lawsuit has sought reform and the
enforcement of policies put in place as part of a consent order from a
previous federal lawsuit.
The editorial wrongly assumed the lawsuit targeted caseworkers. The suit
was not against caseworkers, but against the state of Georgia to force
change from state and agency leaders.
Further, the editorial asked "... is suing the agency and the people who
run it going to help? Certainly not." Wrong. Lawsuits have helped many
states' child welfare systems where political powers have failed. This
particular lawsuit has been used as a tool to see to it that underpaid,
overworked caseworkers finally get relief.
Why do we need lawsuits? Sometimes the political process does not move
fast enough to fix crisis in government. The Department of Human
Resources, specifically the Department of Family and Children Services
received an increase in resources this past year, but 100 new
caseworkers and a small raise are not going to fix all the systemic
problems fast enough to save the next Terrell Peterson. Our government
is built upon the principle of checks and balances. Our system of shared
power relies on the courts to provide a relief valve for systems in
crisis. This lawsuit sought to use those checks and balances.
Lawsuits are a valuable tool for democracy. They prod our elected
officials to protect the most vulnerable and least politically powerful
citizens. In my early law practice, with the help of other advocates,
for clients who rarely had access to the court, I filed lawsuits to
protect the mentally ill, the elderly, children with disabilities, and
citizens seeking their basic right to vote. High-level government
officials privately frequently assisted me with lawsuits against
government because they knew a certain government practice was wrong and
they did not have the political power to change it. They knew when
government needed a lawsuit to force change.
I have been privileged to enjoy different kinds of public service. I
have spent time, in the open and behind closed doors, in the most
traditional political rooms of Georgia politics, and I have stood before
judges in both state and federal courts seeking relief for clients. I
believe that there is a greater degree of intellectual honesty in court
than in the open or in closed political chambers. Therefore, when
Terrell Peterson and others like him have their day in court, and
successfully present their case proving the state's violation of laws,
there is an opportunity for relief that is denied them on days when
politicians vote.
In the next few days, Governor Barnes will swear in his fourth
Commissioner of Human Resources, Representative Jim Martin, an
individual of uncompromising values, integrity, and unmatched
intellectual and work ethic standards. But even a perfect human cannot
fix a child protective services system that has been weakened by
inattention over so many years. There will be times when even the great
state of Georgia needs the guiding hand and enforcement authority of the
federal judiciary
Response to Atlanta Journal's August 24, 2001 Editorial
Mary Margaret Oliver - Special
Friday, September 21, 2001
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