One in ten children in the United States has a parent who has been diagnosed with a disability. Despite the numbers, parents with disabilities are at a profound disadvantage regarding child custody proceedings and proceedings to remove children. Removal rates are between an astonishing 70 and 80 percent for parents with psychiatric disabilities, while removal rates are between 40 and 80 percent for parents with intellectual disabilities.
A research study conducted by the Nation Council on Disability found that parents with disabilities were often inappropriately referred to child welfare services and are separated from their children at disproportionately higher rates than parents without disabilities. This injustice, unfortunately, is the reality for parents with disabilities like paralysis, deafness, blindness, or mental and intellectual disabilities.
What needs to change
As it stands, two-thirds of dependency laws allow courts to find that a parent is unfit for parenting based on having a disability. Moreover, a significant stigma regarding society’s view towards people with disabilities prevents parents with disabilities from adequately being able to look after their children. A parent should only have their disability questioned when their disability is creating a significant detriment to their child that cannot be eliminated or alleviated. For example, over half of the states in the U.S. allow a parent’s rights to be terminated based on an actual or perceived disability. Those laws need urgent amendments to stop the cycle from continuing.
The National Council on Disability suggests a few quick tips to reduce discrimination in child custody cases:
- Eliminate disability as grounds for termination of parental rights
- Enact laws and protections for parents with disabilities
- Train family court professionals on parenting with a disability and the ADA
- Modify custody statutes to eliminate discriminatory language
Presumptions of parental unfitness should be eradicated and replaced with a framework that would minimize the inquiry into disability.
Best practices
What are some other best practices for child welfare agencies and courts? Child welfare agencies and courts should review and update their policies and procedures as regularly as possible to comply with the ADA and Section 504.
Additionally, ensure that all employees are trained in ADA and Section 504 compliance, and look for ways to coordinate with disability organizations and agencies to ensure equal opportunity for parents with disabilities. Remember, this doesn’t take away from ruling in the child’s interest — in fact, ruling in favor of the child’s best interest and ruling in favor of a parent with a disability is not mutually exclusive and should not be treated as such.
Conclusion
Despite having the same legal rights as parents without disabilities, discrimination constantly occurs in family courts, during child custody matters, visitation rights proceedings, divorce proceedings, and even hinders parents trying to adopt or become foster parents. Little has been done to prevent this type of discrimination from continuing to linger.
Regardless of whether a parent has or does not have a disability, they should have the same rights to take care of and be in the custody of their children.
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