Feds Conclude Arizona’s Child Safety Agency Fails Discrimination Test for Families with Disabilities

The Arizona Department of Child Safety (DCS) has been found in violation of the Americans with Disabilities Act (ADA) by the U.S. Department of Justice (DOJ) due to discrimination against parents and children with disabilities.

In a report released on Monday, the DOJ highlighted DCS’s failure to effectively communicate with parents and children who have hearing disabilities, notably not providing interpreters. Additionally, the agency neglected to offer reasonable accommodations for parents with disabilities, often omitting simplified information.

The DOJ’s findings indicate that DCS obstructs parents with disabilities from equally participating in and accessing its services.

Assistant Attorney General Kristen Clarke emphasized the importance of equitable treatment under the ADA, especially concerning the child welfare process, which can significantly impact families facing abuse and neglect allegations. DCS plays a critical role in deciding when a child may be removed from a home and the steps parents must undertake for reunification.

Clarke stated, “The Civil Rights Division is committed to ensuring that unlawful discrimination does not interfere with a parent’s opportunity to stay with or be reunited with their child.”

Currently, the DOJ has not filed a lawsuit against DCS. Instead, it sent a detailed 13-page letter to DCS Director David Lujan, outlining the violations and specifying corrective actions required to achieve compliance with federal law.

The letter calls for significant policy changes to enhance access for parents with disabilities. The DOJ insists that DCS must revise assessments, case plans, psychological evaluations, and service plans to eliminate discriminatory practices.

Furthermore, the DOJ has mandated that DCS staff and its contracted partners undergo training focused on ADA compliance, emphasizing the need for effective communication and documentation regarding disabilities.

DCS has also been instructed to establish grievance procedures for complaints regarding violations of federal law, along with compensatory damages for affected parties.

In her letter, Rebecca Bond, chief of the disability rights section of the DOJ, urged Lujan to reach out within two weeks to discuss potential collaboration on necessary changes. She warned that failure to negotiate could lead to a lawsuit against the state.

In its response, DCS acknowledged the DOJ’s findings and expressed its commitment to reviewing the results of the nearly five-year-long investigation to remedy any violations.

Several examples provided in the DOJ letter illustrate DCS’s discriminatory practices, such as removing children from a father immediately following the death of their mother. The agency cited concerns based on the father’s disability rather than concrete evidence of harm.

Other cases mentioned in the report include unjustified removals linked solely to disabilities without any specific parental actions to warrant such intervention.

Additionally, the report highlighted that some DCS staff used offensive and outdated language when discussing parents with disabilities, further demonstrating the agency’s need for internal reform.