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

How can aggrieved persons file a complaint?

16. What can individuals do when they believe they have been subjected to discrimination in violation of Title II or Section 504?

Answer:  An aggrieved person may raise a Title II or Section 504 claim in child welfare proceedings.  Additionally, subject to certain limitations, an aggrieved person may pursue a complaint regarding discrimination in child welfare services, programs, or activities under Title II or Section 504 in federal court. ⁹²

Aggrieved individuals may also file complaints with HHS and DOJ.  HHS and DOJ also have authority to initiate compliance review investigations of child welfare agencies and courts with or without receiving a complaint.  If an investigation of a complaint or a compliance review reveals a violation, HHS or DOJ may issue letters of findings and initiate resolution efforts.⁹³  DOJ may initiate litigation when it finds that a child welfare agency or court is not in compliance with Title II.  HHS may also refer cases to DOJ for litigation where a violation is found and is not voluntarily resolved.⁹⁴

Title II and Section 504 allow for declaratory and injunctive relief, such as an order from a court finding a violation and requiring the provision of reasonable modifications.  Title II and Section 504 also allow for compensatory damages for aggrieved individuals.  Individuals who prevail as parties in litigation may also obtain reasonable attorney’s fees, costs, and litigation expenses.⁹⁵

Under Section 504, remedies also include suspension and termination of Federal financial assistance, the use of cautionary language or attachment of special conditions when awarding Federal financial assistance, and bypassing recalcitrant agencies and providing Federal financial assistance directly to sub-recipients.⁹⁶

⁹² See 28 C.F.R. §§ 35.170-172; 45 C.F.R. § 84.61; see also 28 C.F.R. § 42.530.  In addition, child welfare agencies and courts that employ 50 or more persons are required to have grievance procedures for prompt and equitable resolution of complaints alleging actions prohibited by Title II and Section 504.  28 C.F.R. § 35.107; 45 C.F.R. § 84.6; see also 28 C.F.R. § 42.505.

⁹³ 28 C.F.R. §§ 35.172(c), 35.173; 45 C.F.R. § 84.61; see also 28 C.F.R. § 42.530.