The Department of Justice (DOJ) found that the Arizona Department of Child Safety (DCS) discriminated against parents and other caregivers with disabilities. DOJ officials accused DCS of violating Title II of the Americans with Disabilities Act.
The Monday report found DCS “failed to communicate effectively with parents and children with hearing disabilities, including by not providing interpreters. DCS also failed to reasonably accommodate the needs of parents with disabilities by, for example, not providing information in a simplified form,” according to DOJ press release.
Also, the report accused DCS of rejecting “reasonable modifications to parents with disabilities.”
“Parents and children with disabilities deserve to be treated with dignity,” said U.S. Attorney Gary M. Restaino for the District of Arizona. “Our office will continue to work with the Civil Rights Division to guarantee that parents and children with disabilities are protected under the law, and to ensure that the Department of Child Safety more meaningfully accommodates disabilities in the pursuit of better outcomes for families.”
According to the report, examples of the department being accused of ineffective communication by not using interpreters with removals, home visits, meetings, and other DCS services.
The DOJ found that the department often used stereotypes and generalizations to decide if parents with disabilities could safely parent.
According to the report, this led to parents with disabilities not getting “the same opportunities as parents without disabilities to avoid having their children removed from the home or to
reunify their families.”
The report details an example of a father of two kids who got involved with DCS when his wife died after giving birth to his youngest child.
The DCS knew the father had a learning disability but decided to remove his youngest child because of concerns about “feeding the baby properly.” DCS also removed the father’s oldest child based on the father’s disability.
According to the report, the department found no safety concerns about how the father cared for his oldest child.
“Under the ADA, parents and children with disabilities are entitled to fair and equal treatment by child welfare agencies,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division.
After this report came out, a DCS spokesperson provided a statement to ABC15.
“The Department of Child Safety is committed to working compassionately with all families, including children and families with disabilities. Today, the Department received findings of a nearly five-year long investigation. The Department is reviewing those findings and will work with the DOJ to remedy any alleged violations of law. In August 2023, the Department hired a dedicated ADA/LEP Coordinator to ensure the rights of families interacting with the Department are protected. If you believe your rights have been violated in the course of your DCS case, you can contact the DCS Office of the Ombudsman at [email protected] or 602-364-0777 or 1-877-527-0765.”
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Zachery Schmidt is the digital editor of The Star News Network. Email tips to Zachery at [email protected]. Follow Zachery on Twitter @zacheryschmidt2.
