APPLYING THE AMERICANS WITH DISABILITIES ACT TO STATE CHILD WELFARE PROCEEDINGS Written by: Madison Tuck
The child welfare system in the United States discriminates against parents with disabilities, placing their right to parent at risk. Since people are uneducated about disabilities, parents with disabilities are frequently reported to Child Protective Services. Some state child abuse and neglect statutes still include disability as grounds for termination of parental rights. Many state court judges assert that the Americans with Disabilities Act (ADA) does not apply to child welfare cases despite conflicting federal guidance. As a result, parents with disabilities do not receive the accommodations necessary to complete prescribed services successfully. Together, these factors cause parents with disabilities to fight long legal battles or lose rights to their children altogether. To create a more equitable system for parents with disabilities, state courts hearing child welfare cases must apply the ADA.
Title II of the ADA does apply to child welfare cases, even in state courts. The best way to actively apply the ADA to child welfare cases at the state level is through an extended version of the framework created by the Washington Supreme Court in In re M.A.S.C. The limited framework from In re M.A.S.C. can be extended to analyze appropriate accommodations in any child welfare case involving a parent with a disability, via the ADA. Application of the extended M.A.S.C. framework forces child welfare professionals, attorneys, and judges to consider disability accommodations before making any determinations regarding parental rights.
