As a qualified individual with a disability, Father is entitled to receive reasonable accommodations in the provision of the Department of Social Services (DSS) services, pursuant to the Americans with Disabilities Act (ADA) and state law. (pp. 8-9).

The clear and unambiguous language of the ADA compels the conclusion that Title II of the ADA applies to DSS services. Furthermore, the legislative history of the ADA illustrates that Congress intended the ADA to provide comprehensive protection, including protection from governmental discrimination in family life. Therefore, Father is entitled to receive reasonable accommodations in DSS services pursuant to the ADA. (pp. 9-25).

Massachusetts law provides equal or greater rights to individuals with disabilities than does Title II of the ADA, and Father is also entitled to receive reasonable accommodations in the provision of DSS services pursuant to Massachusetts law. (pp. 25-32).

Other state courts vary in their responses when parents have alleged that a state social service agency has failed to provide reasonable accommodations in services, but none of these responses is determinative of Massachusetts’ resolution of this issue. (pp. 32-39).

The trial court should consider whether or not DSS has met its obligations under the ADA and state law to reasonably accommodate parents with disabilities during the course of care and protection proceedings. To resolve ADA claims in the context of termination of parental rights, amici suggest the trial court should:

• Require the parent to establish a prima facie case of discrimination by DSS;
• Provide DSS with the opportunity to rebut the inference of disability discrimination by demonstrating that it offered reasonable accommodations to the parent;
• Stay termination of parental rights pending the implementation of a non-discriminatory service plan and issue a remedial order related to accommodation.

The ADA and state law do not elevate the prerogatives of the parents with disabilities above the interests of their children. They simply provide an equal opportunity for parents with disabilities to participate in services readily made available to parents without disabilities. (pp. 39-49).

Because both Massachusetts law and the ADA impose a duty upon DSS to provide reasonable accommodations to the Father, the order of the trial court terminating the parent-child relationship should be vacated and the case remanded for reconsideration of the Father’s reasonable accommodations claim. (p. 50).