Role of the Americans with Disabilities Act in Parental Rights Court Cases

In this paper, media provides a means of thinking critically about the role of ADA regulations should play in parental rights for individuals with mental disabilities, specifically mental illness, developmental disabilities, and brain injuries. Congress passed the Americans with Disabilities Act mor...

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Bibliographic Details
Main Author: Miranda Sue Terry (Author)
Format: Electronic Article
Language:English
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Published: David Publishing Company 2014
In: Cultural and religious studies
Year: 2014, Volume: 2, Issue: 1, Pages: 1-10
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Summary:In this paper, media provides a means of thinking critically about the role of ADA regulations should play in parental rights for individuals with mental disabilities, specifically mental illness, developmental disabilities, and brain injuries. Congress passed the Americans with Disabilities Act more than 20 years ago to ensure the rights of individuals with disabilities, including parental rights. Title II of the ADA applies to decisions made in the courtroom and other governmental agencies, which include child custody cases and termination of parental rights. “Reasonable Accommodations” is one requirement of the ADA to make society more inclusive for individuals with disabilities, even in the realm of parenting. Under Title II, such modifications would include parenting classes, homecare assistance, support groups, community resources, and counseling. Through a critical examination of experiences as depicted through media and court case analyses of parents with mental disabilities, this paper argues that challenging the idea that individuals with disabilities cannot or should not be parents must start in the courtroom, by changing the attitudes and perceptions of judges presiding over child custody cases and termination of parental rights cases involving parents with mental disabilities.
ISSN:2328-2177
Contains:Enthalten in: Cultural and religious studies
Persistent identifiers:DOI: 10.17265/2328-2177/2014.01.001