Parents with disabilities rights
published in the Republican January 2021
Five years ago, the Department of Justice and Health and Human Services, in response to a complaint filed by a disabled mother, determined that the Massachusetts Department of Children and Families discriminated against a mother who has intellectual disabilities. The department felt that due to her disability, her newborn should be removed and her parental rights be terminated.
Over time, complaints have been received from parents with other disabilities. For example, the state denied reasonable modifications and failed to provide equal access to its services. Under an agreementthat was reached in November, the Department of Children and Families “will not base decisions about removal of a child on stereotypes or generalizations about persons with disabilities, or on a parent’s disability, diagnosis or intelligence measures (e.g., IQ scores) alone.” Furthermore, disabled parents must be permitted to receive the department’s services “unless the parent poses a direct threat to the health or safety of others.”
Even though the Department of Children and Families is committed to the settlement, it denies all allegations of discrimination. This is considered a landmark decision protecting the rights of parents with disabilities.