Protecting the Rights of Parents and Prospective Parents with Disabilities: Technical Assistance for State and Local Child Welfare Agencies and Courts

12. Is an agency required to arrange for services to parents and prospective parents with disabilities that are necessary to avoid discrimination but are not available within the agency’s programs?

Answer:  In addition to providing to parents with disabilities all reunification services that it provides to parents without disabilities, a child welfare agency may be required, under Title II and Section 504, to arrange for available services from sources outside of the agency as a reasonable modification of its procedures and practices for parents with disabilities so long as doing so would not constitute a fundamental alteration.  Arranging for such services from outside sources may be necessary to provide an equal opportunity to participate in and benefit from the agency’s programs.  Many specialized services to support persons with disabilities are often available from other social service agencies, as well as disability organizations.  For example, for a person with a mental health disability, mental health services and supports, such as supportive housing, peer supports, assertive community treatment, and other community-based supports are often available from mental health service agencies.  Child welfare agencies should coordinate with such agencies and organizations to ensure that parents and prospective parents with disabilities receive the most complete set of support services possible, and also to ensure that reunification and other services are specifically tailored to their needs.⁸⁵  This requirement does not change an entity’s responsibility to make available those reunification services provided to parents without disabilities or to reasonably modify them to provide equal opportunity.

 ⁸⁵ See 28 C.F.R. § 35.130(b)(1)(i)-(iv), (b)(7).