DOJ Alleges Discrimination by Arizona Child Safety Agency Against Disabled Parents

In a significant announcement, the U.S. Justice Department released findings indicating that the Arizona Department of Child Safety has engaged in discriminatory practices against parents and children with disabilities. The letter, made public on Monday, alleges that Arizona has failed to provide essential services, notably American Sign Language interpreters for parents and children with hearing impairments.

The report emphasizes the critical consequences these failures can have on families. “Over four million parents with disabilities live in the United States, and discriminatory actions by child welfare agencies can have devastating and permanent consequences for parents and children,” stated Assistant U.S. Attorney General Kristen Clarke. She assured that the Civil Rights Division is dedicated to preventing unlawful discrimination from interfering with parental rights.

The investigation identified three specific violations of the Americans with Disabilities Act of 1990 by the Arizona Department of Child Safety. The first violation involved inadequate communication between state employees and disabled parents during significant meetings, which affected custody decisions. In many cases, necessary accommodations such as ASL interpreters for deaf parents and accessible written materials were lacking.

Additionally, investigators noted instances where basic accommodations could have been provided but were not. Notably, safety concerns were raised about a parent who struggled with basic childcare tasks, yet no practical solutions, such as large print labels or digital thermometers, were offered to assist.

Furthermore, the report criticized the department for relying on stereotypes in custody decisions. A father with a learning disability had his child removed without substantial justification, while a mother was separated from her newborn solely due to her autism, despite no evidence of negligent behavior.

“Parents and children with disabilities deserve to be treated with dignity,” remarked U.S. Attorney for the District of Arizona, Gary M. Restaino. He confirmed ongoing collaboration with the Civil Rights Division to ensure legal protections for these families and to enhance the department’s accommodation practices.

The Justice Department outlined seven steps for Arizona’s compliance with the ADA, which includes mandating disability awareness training for employees and establishing a grievance procedure for complaints. Additionally, the department has designated an employee to lead these compliance efforts and is required to compensate complainants.

Cynthia Weiss, Communications Director for the Department of Child Safety, indicated that the department hired an ADA coordinator in August 2023. “The Department is committed to working compassionately with all families, including those with disabilities,” she stated. The department is currently reviewing the findings and plans to collaborate with the DOJ on addressing any reported violations.

The Justice Department has also warned of potential legal action if negotiations do not yield satisfactory commitments from the state agency. As of now, the governor’s office has not responded to inquiries for comment.