Parenting with a Disability
A parent with a disability has all of the same rights as any other parent. There is no law that says that a person with a disability can’t be a parent.
Florida, and many other states, have a policy that, before removing a child from the home, the state must exhaust all reasonable efforts to ensure that families remain unified and must give parents with disabilities reasonable accommodations to do so.
After the state threatens to remove your child, here is some helpful information:
All programs and services provided by or ordered by any entity related to the child welfare system would be covered by the ADA or Section 504.
- investigations,
- witness interviews,
- assessments,
- removal of children from their homes,
- case planning and service planning,
- visitation,
- adoption,
- foster care,
- independent living services,
- reunification services, and family court proceedings.
Types of Accommodations that a parent can request.
- Additional mental health/behavioral services
- Sign Language Interpreter services for investigations
- Additional in-home or out-of-home respite services
- Additional in-home or out of home health care services
- Extension of case plans beyond 12-months
- Assistance with transportation needs
- Additional life skills and education classes for independent living and employment
- Specialized living options for foster youth aging out of the system
- Co-parenting or mentoring
- Accessible transportation
- Additional time for parenting plan
- Notetakers
- Information in simplified language
- Additional mental health/behavioral services
- Additional in-home or out-of-home respite services
- Additional in-home or out of home health care services
- Extension of case plans beyond 12-months
Adaptive parenting techniques – Any support designed to assist a parent with a disability to parent.
- parenting competencies
- respite care
- money management assistance
- safety planning
- long term family support
- Day Care
- In-home training
How can a parent with a disability request an accommodation?
- Ask the ADA coordinator of the organization.
- Every public entity that employs 50 or more persons have a person who is in charge of ADA compliance – courthouses have an ADA coordinator.
- Ask the Judge.
- Each Judge controls the procedures in his or her own courtroom. If accommodations involve the proceedings, the request needs to be made of the judge.
- Any additional services that may be required by an adult or child with a disability should be brought before the attention of the Court.
- The court must be told that the parent or child has a disability, and that this is a request for a modification under the Americans with Disabilities Act, and provide any documentation that you may have which establishes the connection between the disability and the needed modification.
- In this way, the court can attempt to order the provision of services within the case plan of the child, or some other remedial measures can be taken.
