Research & Evaluation
Termination of Parental Rights-Questions and Answers
Q As a child welfare worker, I think we do a good job providing modifications and accommodations and we would never discriminate against a parent based on disability. Is this really a problem that requires a change to the law?
A Yes. While there are child welfare professionals and agencies that do a good job in providing services to parents with disabilities there are some who do not. By taking disability out of the statute it removes the inclination to focus on a parent’s condition rather than a parent’s behavior. By adding affirmative language that allows the parent to demonstrate adequate parenting capabilities with the use of adaptive equipment or parental supports, it is less likely that intentional or unintentional discrimination will occur. Further, child welfare workers are not the only people involved in cases involving parents with disabilities, and legislative change is critical for others, such as judges, attorneys, other professionals, and family members. For examples of accommodations and modifications, see page 10.
Q Does a change in child custody and termination of parental rights statutes put the rights of parents with disabilities ahead of the safety of their children?
A Child safety, permanency and well-being should always be the central focus of child custody and child welfare decisions. Removing discriminatory language does not mean that parents’ rights supersede their children’s rights. Certainly parents with disabilities, like parents without disabilities, can have their rights terminated based upon poor parenting. Research has shown that child well being is enhanced when children can safely remain in their family of origin and this includes children whose parents have disabilities.
Q Does a change to our child custody and termination of parental rights statutes mean that state agencies are required to pay for parental supports to parents?
A No, it does not. The model language outlined in this publication calls for states to recognize that people with disabilities can be good parents. In some cases, in order to successfully parent their child, a person with a disability may need to use parental supports or adaptive equipment. The language provided here does not require the state to pay for these supports or equipment, simply to recognize that they are available and can be used. States should be required to ensure that parents with disabilities are aware of the supports and services that are available to help them parent their children.
Q What are the potential barriers our group might face in passing changes to our child custody and termination of parental rights statutes?
A It is wise in any advocacy situation to identify barriers that the effort may encounter. Challenges will differ from state to state and you should identify and strategize about overcoming barriers that arise specific to your state. Examples of challenges that may be encountered include —
- Worries of additional costs. There may be a concern that this will require states to fund additional services for parents. This model language does not require additional funding.
- Lack of awareness of this as an issue. Not all stakeholders may recognize this issue as a problem, and there may need to be some general awareness provided about this issue as a “social problem”.
- Splitting of disability groups. It may be easier to gain protections for people with certain types of disabilities, and groups will have to strategize about how to ensure rights for parents with all types of disabilities.
- Poor services/resources. There are very few service providers serving the parenting needs of adults with disabilities. Some may think that focusing on services is a better first step than focusing on discrimination in statutes. However, focusing first on statutes may help provide an impetus for better services.
- Lack of knowledge about parenting abilities. There may be a lack of recognition that adults with disabilities can successfully parent their children, and a concern that a child may face additional burdens by having a parent with a disability. Education may be required.
- Concern of family members. Some family members of parents with disabilities may be concerned about their family member with a disability having a child. Their concerns typically relate to concerns of additional caregiving responsibilities, particularly by grandparents or siblings.
Q What groups would be allies for us in our state legislative change project?
A Look for allies within the key stakeholder groups listed in this publication who you anticipate will support the rights of parents with disabilities. There may also be allies within key stakeholder groups that you might consider potential opponents, and it is useful to look for allies within this group as well.