Parents and guardians with disabilities have the right to raise their children without facing discrimination. Under the Americans with Disabilities Act (ADA), state and local child welfare agencies and courts must protect children’s safety while also ensuring that parents with disabilities are treated fairly and equitably. This means decisions must be based on facts and the best interest of the child—not assumptions or biases about disability.
Fair Treatment in the Child Welfare System
The ADA requires all child welfare services to provide equal access and reasonable accommodations for parents with disabilities. These services include:
Home visits related to abuse or neglect investigations
Parental fitness evaluations
In-home support services to help keep families together
Considerations for visitation, guardianship, adoption, or foster care
Participation in court proceedings involving custody or termination of parental rights
Child welfare professionals must make individualized assessments of a parent’s ability to care for their child, avoiding decisions based on stereotypes or generalizations about disability. Any evaluations should consider a parent's actual capacity, support systems, and ability to adapt to challenges—not just the presence of a disability.
Communication Access and Support
Parents with disabilities also have the right to accessible communication during all aspects of the child welfare process. Agencies and courts are required to provide necessary aids and services, such as:
Sign language interpreters
Accessible written materials
Hands-on instruction or other modifications
Importantly, they cannot:
Require a parent to provide their interpreter
Use children or other family members as interpreters except in true emergencies
Charge parents for communication aids
These rights ensure that parents can meaningfully participate in reunification efforts, custody hearings, and other critical decisions.
Broader ADA Protections for Parents
Beyond the child welfare system, the ADA offers additional protections for parents with disabilities—and even for parents of children with disabilities.
Workplace Protections (Association Provision): Employers may not discriminate against someone because they have a child or family member with a disability. For example, a parent cannot be fired or denied a job because of their child’s care needs.
Equal Access to Services and Facilities: Parents with disabilities are entitled to access public and private services, such as schools, healthcare, transportation, and recreational programs, on an equal basis. This ensures inclusion in all aspects of family life.
Important Legal Considerations
Reasonable Accommodations: The ADA generally applies to individuals with disabilities, not to their family members or caregivers. For example, a non-disabled employee may not be entitled to workplace accommodations to care for a child with a disability, though other laws like the Family and Medical Leave Act (FMLA) may offer protections in those cases.
Best Interest of the Child: While ADA protections help ensure fair treatment of disabled parents, courts still make custody and visitation decisions based on the child’s best interests. Factors considered include the parent’s functional ability to meet the child’s needs and the availability of support systems.
Taking Action
Parents who believe they’ve been discriminated against by a child welfare agency, court, or other public entity can file complaints with the U.S. Department of Justice (DOJ) or the Department of Health and Human Services (HHS).
The ADA Isn’t Just a Law—It’s a Lifeline
The Americans with Disabilities Act exists to protect fairness, dignity, and opportunity. Whether navigating child welfare, employment, or daily life, individuals with disabilities—and their families—have powerful rights and protections. Understanding those rights is the first step toward advocating for yourself and your loved ones. Knowledge is power, and the ADA has your back.