Neil Skousen's Summary of ADA argument before the Supreme Court

Last week Neil Skousen argued before the Utah Supreme Court presenting the issue how the ADA applies in child welfare proceedings.  He did a great job!  Below is a summary he sent us after the argument.  Thanks Neil!

Update for Utah PDA Members:

I just completed oral arguments before the Utah Supreme Court on September 2 regarding whether the Americans with Disabilities Act (ADA) applies to disabled parents receiving DCFS services at Disposition, during the Reunification/PSS service plan period, Permanency Hearings, and at Termination of Parental Rights proceedings/trial. I appreciate the support from Utah PDA and others who came to the Court to observe my arguments or listened on-line.

As a summary, I represent a disabled mother whose parental rights were terminated to her 7-year old daughter by the juvenile court because the court didn't want to give the mother more time to overcome her parenting deficits due to her mental and physical disabilities. This is a case of first impression in Utah (i.e., Utah's appellate courts have not ruled on this Americans with Disabilities Act/Child Welfare issue before). I originally filed this case with the lower Utah Court of Appeals. In an unusual move, the Court of Appeals voted to certify my client's case up to the Utah Supreme Court due to the importance of this parental rights issue statewide. The Court should be issuing its written decision within the next 2 to 6 months.

It's interesting to note that the State and Guardian ad Litem conceded, in oral arguments, that the ADA likely applies to Termination of Parental Rights proceedings. At the trial level, and over the past several months of briefing, the State and Guardian ad Litem have argued that it did not apply. But the federal DOJ and HHS Departments have issued reasoned opinions, historically and again this year, that the ADA does apply throughout DCFS services, programs and activities -- including TPR Proceedings/Trial. Your client's disabilities and requests for reasonable accommodations in the DCFS service plan should be raised by parental defense counsel at the Disposition Hearing, modified if necessary during the Reunification Services (or PSS) period, and definitely raised again at the Permanency Hearing and, if necessary, at the TPR trial.

Thank you!

Neil Skousen
Attorney
Orem, Utah
www.neilskousenlaw.com