Assisting Parents with Disabilities

As Parental Defense Attorneys there are times when our clients have difficulties beyond the average case.  Those difficulties can include cognitive disabilities and impairments.  There are times when our clients’ difficulties affect their case and their ability to complete reunification services.   As their attorneys it is our responsibilities to make sure their rights are protected.

In order to effectively advocate on behalf of our clients we need to determine if they have special needs beyond the normal case.  We should review the circumstances of the case and our clients’ abilities to determine if we need to ask for additional services.

If necessary, we can refer the court and DCFS to the Americans with Disabilities Act (ADA).    Title II prohibits discrimination by public entities against individuals by reason of disability.  It further prohibits exclusion from participation or denial of benefits.  It requires “reasonable modifications in policies, practices or procedures . . . when necessary to avoid discrimination on the basis of disability."  It applies to “all services, programs and activities provided or made available by public entities."  28 CFR §35.102(a) and §35.130(b)(7).

This may mean that DCFS would be required to provide reasonable accommodations to assist disabled parents in order to meet their burden of providing reasonable efforts (or active efforts under ICWA).

Here are some additional resources to assist you in representing parents with disabilities.

• The TASP (The Association for Successful Parenting) Web site (http://www.achancetoparent.net) for information about membership, conferences, and ways to connect with others on this area of interest. 
• The Web site of Through the Looking Glass (http://www.lookingglass.org), one of the first agencies in the U.S. to serve parents with disabilities. 
• Determine if your client is entitled to accommodations, here is the ADA http://www.ada.gov/regs2010/titleII_2010/titleII_2010_regulations.htm#a35107