Protecting the Rights of Parents with Disabilities in Massachusetts – A Conversation with US Department of Justice Attorneys and Coalition Advocates

Title II of the Americans with Disabilities Act protects parents with disabilities from unlawful discrimination in the administration of child welfare programs, activities, and services.   In November 2020, the U.S. Departments of Justice (DOJ) and Health and Human Services (HHS) reached an agreement with the Massachusetts Department of Children and Families (DCF) to resolve findings that DCF discriminated against parents with disabilities in violation of the ADA.  Since November 2020, the United States has been monitoring DCF’s compliance with the agreement and has been regularly communicating with a coalition of advocates representing Massachusetts agencies and organizations that work with families with disabilities.
In this presentation, DOJ attorneys and coalition members will: 1) explain the general requirements of the ADA in the child welfare context; 2) provide an overview of the violations the Justice Department found during its Massachusetts investigation; 3) discuss the policy and practice changes DCF has had to make pursuant to its agreement with the United States including creating processes for handling accommodation requests and discrimination complaints; 4) explain how individuals can request accommodations or file disability discrimination complaints with DCF (and/or file complaints with DOJ and HHS); and 5) address advocacy strategy and practice tips for attorneys in individual cases; and 6) identify additional resources for attorneys and advocates who work with parents with disabilities.

2 CAFL CLEs