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

Come Hear Neil Skousen Argue before the Utah Supreme Court

As many of you might remember at the Annual Conference, we had a session on how the American with Disabilities Act intersected with Child Welfare.  Neil Skousen shared some comments about a pending appeal on the topic with the Utah Court of Appeals and subsequently shared his brief.  His case has since been certified to the Utah Supreme Court.

This is a hot topic across the country as the DOJ and DHHS recently released a technical assistance to assist child welfare agencies.

If you are interested in hearing the oral arguments they have been scheduled for the time and date below.  You might also be able to hear the argument live using the court's link HERE.  Good luck Neil!

Wednesday, September 2, 2015

9:00 a.m.

Supreme Court of Utah

Matheson Courthouse

450 South State Street, SLC, UT

Pending Utah Appeal on the Americans with Disabilities Act

At the Annual Conference one of the sessions was on the applicability of the Americans with Disabilities Act in Child Welfare Proceedings.  Many of you expressed interest in reading Neil Skousen's briefs in the appeal he has pending on the issue.

Neil has shared with us the Trial Brief in Support of Application of the Americans with Disabilities Act to Utah Child Welfare Cases and this Proceeding and the Brief of Appellant filed with the Utah Court of Appeals.  He would like you to know:

PDA members/attorneys may find this ADA research and pleadings helpful in their own child welfare cases throughout Utah Juvenile Courts. Although we raised the ADA or disability issues at permanency and termination proceedings, the ADA should be raised by parental defense counsel as early as possible in the case such at disposition, at the beginning of the reunification services portion of the case, or if services are being modified then somewhere in the middle of the reunification services portion of the case.

Thanks, Neil!