Baby Taken Away Because Mom’s ‘Disabled’

[KamaAina]

http://www.thedailybeast.com/articles/2015/02/10/baby-taken-away-because-mom-s-disabled.html?via=desktop&source=facebook

In a move that could have far-reaching effects for the estimated 4.1 million parents in the United States who have disabilities, the Department of Justice and the Department of Health and Human Services jointly issued a strongly worded rebuke to the Massachusetts Department of Children and Families, accusing them of violating the rights of a parent with mild intellectual disability.

The federal departments found that the Massachusetts DCF systematically and illegally discriminated against a mother known pseudonymously as Sara Gordon in court papers, whose baby was removed from her care by DCF at two days old. DCF has begun proceedings to terminate Gordon’s parental rights.

“The departments’ investigation has revealed that DCF has committed extensive, ongoing violations of Title II and Section 504 [of the Americans With Disabilities Act] by discriminating against Sara Gordon on the basis of her disability, and denying her opportunities to benefit from supports and services numerous times over the past two years, including her existing family supports,” the jointly written letter, dated Jan. 29, states. “The departments find that DCF acted based on Ms. Gordon’s disability as well as on DCF’s discriminatory assumptions and stereotypes about her disability, without consideration of implementing appropriate family-based support services.”

What is historic about this letter is that the federal government is, for the first time, interpreting the 25-year-old Americans With Disabilities Act—which prohibits discrimination on the basis of disability and requires reasonable modifications and accommodations to be made to allow people with disabilities to live, work, and recreate in their communities—to apply to parenting. “We’ve been waiting for this day, for someone to acknowledge it at this level,” Leigh Ann Davis, program manager for justice initiatives at The Arc, told The Daily Beast. The Arc is a national support group for people with intellectual and developmental disabilities (commonly referred to as I/DD), which has long supported the rights of people to be parents and challenged the presumption that those with disabilities are incapable of parenting.

[Arkansas Granny]

1. This is terrible. When I was growing up I knew many families where one or both parents had

physical or intellectual disabilities to varying degrees, and managed to raise healthy, happy, well-adjusted kids. These parents may have needed a little help and sometimes the kids had to manage more for themselves earlier than other kids the same age, but no one suffered any ill effects from the experience. My own father was totally blind, but it in no way affected his parenting ability. To arbitrarily remove a child from her mother, who had a tremendous support system in place, is just inhumane.

[msanthrope]

2. Cayenne Isaksen is the Director of Public Affairs defending this baby snatch.....

Her office number is 617-748-2000.

They are closed due to weather today, but later in the week, perhaps a bunch of DUers could call and express their feelings.

Respectfully, mind you.

[Tsiyu]

3. That is an illegal move, ADA is enforceable in all states.

even in TN, they can't discriminate against disabled parents and must give them assistance in following parenting plans and managing household maintenance.

Poor mom and poor kid. I hope she sues and wins a fortune. This is a crime and I will definitely call tomorrow to let them know what I think.

Respectfully, if possible

[gaspee]

4. Since her mother

I have mixed feelings on this. But since her mother was going to care for the baby, they shouldn't have taken her away.

However, it is not fair to the kid to leave her with a DD mother if the grandmother is not the legal guardian.

I have a 42 year old brother with what sounds like the same level of DD as this young woman has - there is no way she could take care of a baby on her own.

He lives with me. I know what someone who is only borderline DD is capable of. I live it on a daily basis. It's not opinion. My brother is very high functioning DD - and I know exactly what would happen if he were to parent a child. It would not be pretty. He could probably co-parent with a non-DD adult but there is no way he could parent. He has an IQ of 69 - just barely making him DD according to federal guidelines.

Since this woman's mother was willing to take on the responsibility social services should not have taken the child.