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ACS REMOVES CHILDREN BECAUSE PARENTS ARE DISABLED

THE SHOCKING NY TIMES STORY IS BELOW:

Shantell lifted her 11-month-old daughter onto her right hip and looked into her eyes until she smiled. Then, she locked her long arms as if to make a swing and swayed the toddler back and forth.
It was the kind of daily interaction that her lawyers say was unfairly stripped away from Shantell, who is intellectually disabled and a mother to two other daughters, ages 2 and 3, and parents like her.
Child welfare workers have removed Shantell’s three children from her care at various times, beginning in July 2016, following reports from hospital staff and social workers that her “developmental delays” and “mental delays” could hinder her ability to parent. With the help of lawyers, Shantell’s children were returned to her by November 2016, but the ordeal spurred her to join a class-action lawsuit filed last week against New York City for violating the rights of parents who have intellectual disabilities.
Shantell, 28, and four other mothers say the city has discriminated against them and other parents, violating federal laws aimed at protecting the rights of people with disabilities and shielding parents from bias from child welfare agencies.
Lauren Shapiro, director of the Family Defense Practice at Brooklyn Defender Services, said the city’s Administration for Children’s Services has failed to provide adequate programs and services that could assist intellectually disabled parents in caring for their children. “Parents with intellectual disability can be just as good of parents as anyone else, but they need help,” she said.
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The lawsuit comes as advocates for parents with intellectual disabilities across the country have been increasing pressure on child welfare agencies to do more to help parents care for their children. The legal efforts have been bolstered by federal recommendations issued in 2015 and by the threat of a federal lawsuit against the state of Massachusetts for violating the rights of a mother who was intellectually disabled.
In a statement, David Hansell, commissioner of the Administration for Children’s Services, did not directly address the lawsuit. But he said, “Treating all parents equitably is vital in our work,” adding that the agency was “committed to ensuring that a developmental or intellectual disability is not the basis for discriminatory treatment in any of our programs.”
Last year, the agency established new policies, using Massachusetts as a guide, and began training staff on how to best assist developmentally disabled parents. In April, the agency hired a coordinator to ensure that it was compliant with the Americans with Disabilities Act. About 80 families with caregivers who are intellectually or developmentally disabled are currently being served in specialized programs, according to the agency.
In 2015, the federal departments of Justice and Health and Human Services jointly issued guidelines to ensure that local child welfare agencies were not discriminating against parents with disabilities. Two federal laws — the Americans with Disabilities Act and the Rehabilitation Act — prohibit such discrimination.
The federal guidelines followed a 2012 report by the National Council on Disability, an independent federal agency, which found that parents with various disabilities, from physical to developmental, were having their children removed at higher rates than parents without disabilities.
“That report was a catalyst,” said Megan Kirshbaum, a primary author of the report and founder and executive director of Through the Looking Glass, a research center and advocacy group.
The federal government also threatened to sue the Massachusetts child welfare agency if it did not return a child to a mother described as having mild intellectual disability; child welfare workers had removed her 2-day-old baby from her care instead of providing services to her.
The new recommendations and the admonishment gave advocates strong footing. But parents have still been fighting and losing.
In Oregon, a couple has drawn national attention for their four-year fight against the state child welfare agency, which removed their two children from their care within days of their births. Despite support from advocates, the couple lost custody and are now continuing a legal fight against impending termination of their parental rights.
The lawsuit filed against New York City described hasty removals with little or no regard for explanations from the mothers about alleged neglect, dismissals of pledges that the parents would get help from relatives in raising their children, and a failure to refer mothers to programs. In the cases of two of the mothers, the fathers of their children were also investigated and were named in removals of their children. But only the mothers have sued.
Ms. Kirshbaum said that in general, child welfare agencies often fail to properly evaluate the parents, falling on stereotypes in making their decisions to remove children. “The biggest problem is that people don’t even look at parenting at all,” she said, referring to social workers. “They don’t observe their parenting or do so in an office setting for very short periods of time.”
For three of the mothers, including Shantell, removals occurred within days of a child’s birth with little observation of their capabilities.
Shantell, whose last name is not disclosed in the lawsuit, declined to publicly comment for this article because the court case with the child welfare agency is still open. In an earlier statement published by an advocacy group for parents, Shantell said, “I want the workers to know that I really can tend to what I have to do, at my pace. Workers tend to rush things and assume things.”
Homeless at one point last year, Shantell sought the help of a child welfare worker she had met during an earlier investigation involving her now 2-year-old daughter (That inquiry was closed without any action against Shantell, her lawyer said). But after she went to the child welfare worker for help with her housing needs, Shantell was investigated again. In July 2016, the 2-year-old child was removed from her care, and in October 2016, her newborn, now 11 months old, was removed from her care, along with Shantell’s oldest child, who is now 3 and who is hospitalized with a neurological condition.
In November 2016, the child welfare agency was ordered by a Family Court judge to return Shantell’s children to her and to help her find shelter.
Ms. Shapiro said the team of lawyers working on the case believed that the city child welfare agency should create a special unit to specifically work with parents who have intellectual disabilities. “Hopefully, the lawsuit will provide some motivation,” Ms. Shapiro said.
The agency currently has six employees in its Developmental Disabilities Unit, but the specialized unit’s focus has been on children who are disabled. Mr. Hansell “expects to expand this unit to build a larger capacity to handle these cases and cases involving parents with (intellectual disability) issues,” according a statement from the agency.

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