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

3. Who do Title II of the ADA and Section 504 protect in child welfare programs?

Answer:  Title II of the ADA and Section 504 protect qualified individuals with disabilities, which can include children, parents, legal guardians, relatives, other caretakers, foster and adoptive parents, and individuals seeking to become foster or adoptive parents, from discrimination by child welfare agencies and courts.⁴⁹  Title II also protects individuals or entities from being denied or excluded from child welfare services, programs or activities because of association with an individual with a disability.⁵⁰ For example, Title II prohibits a child welfare agency from refusing to place a child with a prospective foster or adoptive parent because the parent has a friend or relative with HIV.    

Title II and Section 504 also protect “companions” of individuals involved in the child welfare system when the companion is an appropriate person with whom the child welfare agency or court should communicate.  A companion may include any family member, friend, or associate of a person seeking or receiving child welfare services.⁵¹  For instance, when a child welfare agency communicates with an individual’s family member who is deaf, appropriate auxiliary aids and services to the family member must be provided by the agency to ensure effective communication.⁵²

Finally, the ADA and Section 504 protect individuals from any retaliation or coercion for exercising their right not to experience discrimination on the basis of disability.  Individuals enjoy this protection whether or not they have a disability.⁵³

⁴⁹ For a discussion of a “qualified individual with a disability,” see discussion supra at Q&A 2.

⁵⁰ 28 C.F.R. § 35.130(g); 28 C.F.R. pt. 35, App. B.