State: New York

Filed: 2017

Court: New York Supreme Court

Overview: The brief supported a mother with intellectual disability arguing that the state’s child welfare agency had failed to make reasonable efforts to reunify her with her son in violation of Title II of the ADA.

Excerpt: “While much research exists demonstrating the ability of individuals with intellectual disability to parent with needed supports, parents with intellectual disability…remain an especially vulnerable population given pervasive and harmful stereotypes of people with disabilities. Their abilities are frequently underestimated, and they remain subject to the outdated notion that, by reason of their disabilities alone, they are simply incapable of parenting. Without proper enforcement of the ADA, these vulnerable parents have no recourse or remedy should [the child welfare agency] deny them equal access to the services, programs, or activities that they and their families require to reunite or to remain together.”

Case Documents

Amicus Brief: In the Matter of Michael A.