Reprinted with the permission of the Atlanta Journal and the Atlanta Constitution.
Journal: Revenge no answer
TRAGEDY IS TOO gentle a word to describe the life, and brutal death, of
Terrell Peterson: abused for most of
his brief five years in this world, rescued once or twice from his
agonies by government officials, disastrously
returned to his tormentors, finding peace only in the realm beyond the
grave.
It is no wonder that so many people, shocked, angered and mobilized by
his story, have worked tirelessly to
repair a child protection system in which such horrors could not only
exist, but also persist. It is no wonder that
many are still not assured that all the necessary fixes have been made.
It is also no wonder that a few, zealous in their pursuit of answers and
guarantees, want even more --- in the
form of punishment, maybe even revenge. In this, however, we believe
Terrell's defenders are going too far.
This week a federal judge ruled, for the second time, that the state
Department of Human Resources cannot be
sued for failing in its responsibility to protect him from harm. U.S.
District Judge Jack T. Camp rejected a claim
from a lawyer for the boy's mother.
Drawing on a 1989 U.S. Supreme Court ruling, the judge said the state
did not have permanent custody or
guardianship over Terrell, and thus could not be held liable for what
happened to him at the hands of others.
This is not a happy ruling --- nothing in this case could produce
anything but degrees of misery --- but it is the
correct one, and not only because of the narrow definitions of custody
on which it turned.
We have nothing good to say about the judgment of the Fulton County and
state child welfare workers and
officials who saw evidence of abuse --- several times --- and yet never
took action to pull Terrell out of harm's
way. With the benefit of hindsight, anyone can see that he should have
been taken from his home long before
the awful end.
And, with the benefit of hindsight, officials have taken serious steps.
Heads have rolled, procedures have been
changed, missions have been refined and workers have been given a
clearer charge to meet their most
important goal: to protect children, no matter what.
Is it enough? Probably not. But is suing the agency and the people who
run it going to help? Certainly not. If
anything, it could leave children in similar situations at greater risk.
Expecting social workers and state welfare officials --- or anyone else
--- to wrestle with the terrifyingly complex
issues of possibly abusive home situations without ever making a
mistake, on pain of punishment by a court, is
absurd. It assumes an omniscience, even clairvoyance, on the part of
overworked and underpaid civil servants
that no one has. Telling them they will face court suits if they ever
guess wrongly is pretty much the same as
telling them that, if they have any sense, they'd better get into
another line of work.
Complicating their efforts to be more strict and to act more quickly and
decisively, which we believe the
agencies' people want to do, are the mixed signals that the public gives
them.
This year, burned by the criticism of being too casual in Terrell
Peterson's case, officials tried to be more
forceful and "proactive" when accusations surfaced about possible abuse
among families belonging to a small
Atlanta church called the House of Prayer. Rather than enjoying praise
for their diligence, however, the
agencies were pilloried for interfering with parental rights and
religious beliefs.
Whether their decisions were right in that case, or premature, the
ultimate message to them is a simple one:
You're damned if you do, damned if you don't.
There are many more things to be done to improve child protection
systems in Georgia, to ensure that they get
the right answer as often as humanly possible. But suing them isn't one
of them.
It won't bring Terrell back to life, of course. What's worse, it won't
help officials resolve the awful conflict they
face between society's devotion to the sanctity of the family and its
urge to save those children trapped in
families that are more hellish than sacred.
The desire for revenge or redress is understandable. In this case,
though, it is just wrong.
Allowing state agency to be sued for Terrell Peterson's death could have left children in similar situations at greater risk.
Staff
Friday, August 24, 2001
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