Parents with disabilities have faced discrimination for years in the US, but new rules will help ensure that child welfare systems treat them more fairly

Sustainable Development Goals and Parents with Disabilities

Parents with any kind of disability are more likely to have interactions with the child welfare system compared to other parents. This leads to a higher likelihood of being reported for child abuse and neglect, as well as having abuse or neglect substantiated by child welfare workers. Additionally, parents with disabilities are more likely to have their children placed in foster care and permanently lose their parental rights.

Within four years of their child’s birth, over one-third of mothers with intellectual and developmental disabilities have an interaction with the child welfare system. Furthermore, approximately one-fifth of all children in foster care have a parent with some type of disability.

Contrary to popular belief, there is little evidence to suggest that parents with disabilities abuse or neglect their children at higher rates than others. In fact, there is evidence indicating that many young adults raised by parents with disabilities have positive childhood experiences.

New Federal Protections for Parents with Disabilities

As of July 2024, new rules have been implemented to provide federal protections specifically for parents with disabilities. These rules prohibit discrimination against parents and caregivers with disabilities throughout the child welfare system.

Government Initiatives and Challenges

Research conducted by a social work policy researcher has revealed that three-quarters of states had laws allowing a parent’s disability to be used as grounds for terminating their parental rights. These laws primarily targeted parents with intellectual and developmental disabilities or mental health disabilities, but also included physical disabilities and other types.

State laws were often vague and used outdated language, such as “mental deficiency.” This focus on parental disability as grounds for termination is unique, as other grounds for termination of parental rights typically revolve around behaviors rather than a parent’s condition.

Parents with disabilities faced multiple challenges related to child protection, including confusion regarding the application of the Americans with Disabilities Act (ADA) in the child welfare system. Until 2015, most state courts denied ADA claims by parents with disabilities who believed they were discriminated against.

In addition, most child welfare workers lacked formal training on working with parents with disabilities. They were not equipped to assess parenting skills or make accommodations to their services. This lack of training often led to decisions based on stereotypes or speculation.

One of the main biases faced by parents with disabilities is the “presumption of unfitness bias,” which assumes that parents are unable to care for their children solely because of their disability. This bias can prevent child welfare workers from considering the availability of parental supports and may result in parents with disabilities being held to higher standards.

National Attention and Positive Changes

In the early 2010s, two federal actions brought national attention to parents with disabilities. The National Council on Disability released a report called “Rocking the Cradle” in 2012, highlighting the discrimination faced by these parents and calling for changes to state child protection laws. In 2015, the Justice Department and the Department of Health and Human Services released guidance directing child welfare agencies to protect parents with disabilities from discrimination.

These actions led to some positive changes, with a few states changing their child protection laws to address the issues faced by parents with disabilities. The Department of Justice and Department of Health and Human Services also reached agreements with state agencies in Oregon, Georgia, and Massachusetts related to discrimination against parents with disabilities.

Despite these advancements, parents with disabilities still face discrimination within the child welfare system in many parts of the country.

Progress through Revised Federal Rules

The revision of the rules of Section 504 of the Rehabilitation Act by the federal government is a major step forward for parents with disabilities. The new rules clarify that disability discrimination is not allowed in any part of the child welfare process, ensuring that decisions are not based on speculation, stereotypes, or generalizations.

Child welfare agencies must now use research-backed tools and evaluations conducted by qualified professionals when assessing how a child is being parented. They must also provide accommodations to parents with disabilities to ensure their participation in services. These services include parent-child visitation, parenting skills programs, family reunification services, and child placements in foster care or with relatives.

Disability advocacy groups have applauded these new rules, as they provide increased protection for parents with disabilities when interacting with child protection authorities. The rules also make it easier for child welfare agencies and state courts to recognize disability discrimination in their caseloads.

SDGs, Targets, and Indicators

SDGs Addressed:

• SDG 1: No Poverty
• SDG 3: Good Health and Well-being
• SDG 4: Quality Education
• SDG 5: Gender Equality
• SDG 10: Reduced Inequalities
• SDG 16: Peace, Justice, and Strong Institutions

Targets Identified:

1. Target 1.3: Implement nationally appropriate social protection systems and measures for all, including floors, and by 2030 achieve substantial coverage of the poor and the vulnerable
2. Target 3.2: By 2030, end preventable deaths of newborns and children under 5 years of age, with all countries aiming to reduce neonatal mortality to at least as low as 12 per 1,000 live births and under-5 mortality to at least as low as 25 per 1,000 live births
3. Target 4.5: By 2030, eliminate gender disparities in education and ensure equal access to all levels of education and vocational training for the vulnerable, including persons with disabilities
4. Target 5.2: Eliminate all forms of violence against all women and girls in the public and private spheres, including trafficking and sexual and other types of exploitation
5. Target 10.2: By 2030, empower and promote the social, economic, and political inclusion of all, irrespective of age, sex, disability, race, ethnicity, origin, religion, or economic or other status
6. Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all

Indicators:

• Indicator 1.3.1: Proportion of population covered by social protection floors/systems, by sex, distinguishing children, unemployed persons, older persons, persons with disabilities, pregnant women, newborns, work-injury victims, and the poor and the vulnerable
• Indicator 3.2.2: Under-5 mortality rate
• Indicator 4.5.1: Parity indices (female/male, rural/urban, bottom/top wealth quintile, and others such as disability status, indigenous peoples, and conflict-affected, as data become available) for all education indicators on this list that can be disaggregated
• Indicator 5.2.1: Proportion of ever-partnered women and girls aged 15 years and older subjected to physical, sexual, or psychological violence by a current or former intimate partner in the previous 12 months, by form of violence and by age group
• Indicator 10.2.1: Proportion of people living below 50 percent of median income, by sex, age, and persons with disabilities
• Indicator 16.3.1: Proportion of victims of violence in the previous 12 months who reported their victimization to competent authorities or other officially recognized mechanisms

Table: SDGs, Targets, and Indicators

Source: theconversation.com