New Technical Assistance from HHS and DOJ on Parents' with Disabilities

In the wake of the finding by the United States Department of Justice (DOJ) that the Massachusetts Department of Children of Families had violated a mother's rights under the American with Disabilities Act, the United States Department of Health and Human Services and the DOJ have issued a joint 18-page technical assistance to helps child welfare agencies and courts ensure that the rights of parents' with disabilities are protected.

The recommendations in the technical assistance include the following principles:

Individualized treatment.  Individuals with disabilities must be treated on a case-by-case basis consistent with facts and objective evidence.  Persons with disabilities may not be treated on the bases of generalizations or stereotypes.  For example, prohibited treatment would include the removal of a child from a parent with a disability based on the stereotypical belief, unsupported by an individual assessment, that people with disabilities are unable to safely parent their children.  Another example would be denying a person with a disability the opportunity to become a foster or adoptive parent based on stereotypical beliefs about how the disability may affect the individual's ability to provide appropriate care for a child. 

Full and equal opportunity.  Individuals with disabilities must be provided opportunities to benefit from or participate in child welfare programs, services, and activities that are equal to those extended to individuals without disabilities.  This principle can require the provision of aids, benefits, and services different from those provided to other parents and prospective parents where necessary to ensure an equal opportunity to obtain the same result or gain the same benefit, such as family reunification.

The Parental Defense Alliance recommends that are parental defense attorneys familiarize themselves with the substance of this report so that they can seek the necessary accommodations for their clients in the appropriate circumstances.

You can read the full technical assistance HERE.

New York Court Finds Mental Illness Does Not Constitute Neglect

A New York appeal court recently held that the state had failed to prove by a preponderance of evidence that there was a connection between a mother's mental illness and actual or potential harm to the child.  You can find the full opinion HERE.

DOJ finds Massachusetts wrongly removed infant from developmentally disabled woman

The Department of Justice recently found that the Massachusetts Department of Children and Family (DCF) violated a mother's civil rights under the ADA by discriminating against her based upon a disability.  DCF had removed a 2 day old baby from the mother because they had determined she was unable to parent due to a developmental disability even though she had support from her parents.

You can read a news article HERE.

You can read the full DOJ report HERE.

If you have cases where clients may have disabilities and need assistance, don't forget you can consult with the Disability Law Center.

Resources for Parents With Trauma Histories

The National Child Traumatic Stress Network has fantastic resources for children who experience trauma and recognizes that parents involved in the child welfare system have also likely experienced their own trauma.  Check out their webpage dedicated to Birth Parents with Trauma Histories and the Child Welfare System.

The following is an introduction to one of their pamphlets, Birth parents with trauma histories and the child welfare system: A guide for judges and attorneys (link available below):

Judges and attorneys who work in the child welfare system are well aware that many of the children in the system have experienced trauma; less well recognized is that the birth parents of these children often have their own histories of childhood and adult trauma. For example, research indicates that 30-60% of maltreated children have caretakers who have experienced domestic violence themselves. Past or present experiences of trauma can affect a parent’s confidence and ability to keep children safe, work effectively with child welfare staff, and respond to the requirements of the courts. Fortunately, trauma-informed services are increasingly available for both parents and children who need them. Trauma-informed services include mental health services offered by trained professionals that address specific reactions to traumatic events. By recognizing the potential impact of trauma on parenting, judges and attorneys can more easily connect parents with those services.   

If you are looking for additional resources for parents who experience trauma.  Below are some of the pamphlets available:

For Parents
For Child Welfare Staff
For Judges and Attorneys
For Mental Health Professionals
For Resource Parents
For Court-Based Child Advocates and Guardian ad Litem

Mental Illness and "Predictive Neglect"

There is a great article (HERE) on the treatment of parents with mental illness and the use of "predictive neglect" as a reason for removal.  It's entitled "Should a Mental Illness Mean You Lose Your Kid?"