In 1989, four year-old Joshua lived with his father that abused him. The State Department of Social Services took custody of Joshua, but returned him to his father after three days. Later, he was hospitalized with bruises all over his body and severe brain damage. He survived, but he was permanently paralyzed and mentally disabled. He father was convicted and sent to jail. His mother sued Social Services for returning him to his father. She argued that the department had a duty to protect her son under the Fourth Amendment which forbids the sate from depriving "Any person of life, liberty, or property, without due process of law."
The Supreme Court ruled against Joshua and his mother. They said that the Constitution does not protect children from their parents and there for it was not the governments fault the Joshua was abused.
Even though the government doesn't protect children under the constitution, states have child protection laws that do. The Supreme Court has encouraged states to enforce these laws and to intervene in cases of mistreatment.
Today, these laws help to protect children from being abused by parents or guardians and to convict abusive parents or guardians for their actions.
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