RECENT COURT OF APPEALS DECISION: ENHANCED REUNIFICATION SERVICES UNDER ADA: DC FAMILY LAWYER

The Court of Appeals in IN RE H.C.; K.C decided on July 5, 2018, redefined and expounded on what constitutes reasonable efforts toward the goal of reunification when dealing with a parent with intellectual disability and eligible for receiving services through DDS (“Department of Disability Services.”) In this case the child was removed at birth from the mother’s care due to the mother’s cognitive and intellectual disabilities. The trial court had held that mother’s intellectual disabilities and mental health needs rendered her incapable of properly caring for the child even with the wrap around services, parental training and other assistance provided by the government. The mother on appeal contended that the Superior Court violated her rights under federal law – the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act of 1973 – to reasonable and effective accommodations of her intellectual disability…

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