Gordon Disability

7/25/2019 Gordon Disability

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U.S. Department of Justice

Civil Rights DivisionU.S. Department of Health and

Human Services

Office for Civil Rights


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Via Email and Overnight Mail

January 29, 2015

Erin Deveney

Interim CommissionerDepartment of Children and Families

Exeutive !ffie of "ealth and "uman #ervies

Common$ealth of %assahusetts&00 'ashin(ton #treet

)oston, %assahusetts 02111

Re: Investigation of the Massachusetts Department of Children and Families !

the United States Departments of Justice and Health and Human Services

"ursuant to the #mericans $ith Disailities #ct and the Rehailitation #ct

%DJ &o. '()*+,*'-, and HHS &o. -)*-'-/,0

Dear Commissioner Deveney*

'e $rite onernin( the investi(ation of the %assahusetts Department of Children and

Families +DCF -y the .nited #tates Departments of Justie and "ealth and "uman #ervies+olletively, Departments pursuant to /itle II of the merians $ith Disa-ilities t +D,

2 .#C 33 121411214, and #etion 50 of the 6eha-ilitation t of 1974 +#etion 50,

29 .#C 3 79

/itle II and #etion 50 prohi-it disa-ility-ased disrimination -y DCF, inludin( the

denial of opportunities to -enefit from servies, the failure to reasona-ly modify poliies andproedures, and imposin( methods of administration that have the effet of disriminatin( on the

-asis of disa-ility1 /he Departments8 investi(ation has revealed that DCF has ommittedextensive, on(oin( violations of /itle II and #etion 50 -y disriminatin( a(ainst #ara ordon2

on the -asis of her disa-ility, and denyin( her opportunities to -enefit from supports and servies

numerous times over the past t$o years, inludin( her existin( family supports

#ara ordon is a 21yearold $oman $ho has a developmental disa-ility In :ovem-er2012, %s ordon (ave -irth to Dana ordon /$o days later, DCF removed the -a-y from %s

ordon8s ustody $hile she $as reoverin( from hild-irth in the hospital %s ordon lives

$ith her parents, $ho do not have developmental disa-ilities "er parents have ontinually

intended to provide her support in parentin( her hild %s ordon8s mother ;uit her


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In this letter, pursuant to 2= CF6 3 45172+ and 5 CF6 3 =07+d +inorporated -y

referene in the #etion 50 implementin( re(ulation at 5 CF6 3 =&1, $e identify our

findin(s of fat, onlusions of la$, and minimum steps DCF needs to ta>e to remedy theviolations4

/he Departments find that DCF ated -ased on %s ordon8s disa-ility as $ell as onDCF8s disriminatory assumptions and stereotypes a-out her disa-ility, $ithout onsideration of

implementin( appropriate family-ased support servies DCF has ontinued to deny %sordon aess to appropriate family-ased support servies it ma>es availa-le to parents to

suessfully ahieve reunifiation and has failed to reasona-ly modify its poliies, praties, and

proedures to aommodate %s ordon8s disa-ility DCF staff assumed that %s ordon $asuna-le to learn ho$ to safely are for her dau(hter -eause of her disa-ility, and, therefore,

denied her the opportunity to reeive meanin(ful assistane from her mother and other servie

providers durin( visits Finally, DCF han(ed the permaneny (oal to adoption and has sou(htto terminate %s ordon8s parental ri(hts on the -asis of her disa-ility

Durin( the past t$o years, multiple ommunity-ased servie providers, t$o experts $hohave ompleted parentin( assessments, Dana8s ourtappointed attorney, and even a maers follo$ appropriate poliies and proedures and have neessary trainin( to

perform their duties $ithout disriminatin( on the -asis of disa-ility

1ac2ground

4 /he .# Department of Justie ma>es findin(s under /itle II /he .# Department of "ealth

and "uman #ervies ma>es findin(s under /itle II and #etion 50

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/he hild $elfare system is a (roup of servies desi(ned to promote the $ell-ein( of

hildren -y ensurin( safety, stren(thenin( families, and ahievin( permaneny ?ursuant to /itle

IE of the #oial #eurity t, DCF is re;uired to ma>e reasona-le efforts to preserve andreunify families prior to the plaement of a hild in foster are, to prevent or eliminate the need

for removin( the hild from the hildGs homeH and to ma>e it possi-le for a hild to safely return

to the hildGs home See 2 .#C 3 &71+a+15 /o that end, families $ith hildren in ustody

typially partiipate in developin( a permaneny plan for the hild and a servie plan for the

family, $hih (uide the hild $elfare a(eny8s $or> Family reunifiation, exept in unusual

and extreme irumstanes, is the permaneny plan for most hildren If efforts to$ardreunifiation are not suessful, the plan may -e han(ed to another permanent livin(

arran(ement, suh as adoption or transfer of ustody to a relative

DCF, throu(h its more than t$o doAen offies aross the Common$ealth of

%assahusetts, is the #tate a(eny responsi-le for reeivin( and respondin( to reports of hilda-use and ne(letH providin( and administerin( pro(rams to stren(then familiesH ma>in(

reasona-le efforts to enoura(e and assist families to use all availa-le resoures to maintain the

family unit intat and to redue the ris> of a hild8s plaement into su-stitute areH and providin(su-stitute are only $hen hild safety and ris> fators annot -e reasona-ly redued or

eliminated throu(h servies to the hild8s family

/he Departments reo(niAe and respet the important responsi-ility plaed on DCF and

its soial $or>ers to investi(ate, protet, and are for infants and hildren involved $ith the hild$elfare system /he Departments8 investi(ation in this matter has revealed, ho$ever, that DCF

has disriminated a(ainst %s ordon in violation of /itle II and #etion 50 sine :ovem-er

2012

3he Departments4 Investigation

!n June 40, 201, the !ffie for Civil 6i(hts, .# Department of "ealth and "uman#ervies +!C6 notified DCF that it had opened an investi(ation of a omplaint filed -y %s

ordon under /itle II and #etion 50 !C68s letter also re;uested data from DCF onernin(

the alle(ations of the omplaint, inludin( opies of all Juvenile Court orders, petitions, andreports prepared for the Court and DCF hild protetion poliies, proedures, and praties !n

u(ust 20, 201, the Disa-ility 6i(hts #etion, Civil 6i(hts Division, .# Department of

Justie +D6# notified DCF that it, too, had opened an investi(ation of the servies DCFprovides to individuals $ith disa-ilities and the removal and su-se;uent plaement of Dana

ordon D6# also re;uested data from DCF onernin( its poliies, praties, and proedures

and administrative and ourt files related to Dana, %s ordon, and %s ordon8s parents D6#

explained that the Departments of Justie and "ealth and "uman #ervies may ondut a


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'hen DCF failed to provide all of the re;uested material five months after the !C6

re;uest and three months after the D6# re;uest, the Departments a(ain re;uested information

responsive to their initial in;uiries as $ell as additional information on :ovem-er 25, 201 /odate, DCF has failed to fully omply in providin( materials, suh as email, and failed to timely

see> to seure aess to ourt reords

Durin( the ourse of our investi(ations, the Departments intervie$ed*

%s ordon and her parents, im and #am ordon, on multiple oasionsH

DCF soial $or>ers providin( diret servies to %s ordon, Dana, and the foster

parents, the adoption soial $or>er, the investi(ators $ho responded to andreommended the initial removal, their respetive supervisors, and an rea

?ro(ram %ana(erH

DCFfunded servie providers $ho have provided servies to %s ordon and

Dana, inludin( representatives from aluin( !ur Children +!C and /he.nited rH and

Dr :iole )risson from #a(e "aven ssoiates, loated in Fairfax, ermont

/he Departments also revie$ed extensive reords, inludin(*

"ospital and family pratie medial reords datin( -a> nearly t$o deadesH

Eduational reordsH

DCF reords onernin( %s ordon, Dana, im and #am ordon, and the foster

parentsH and

DCF8s poliies, praties, proedures, re(ulations, and trainin( materials

/he Departments have also re(ularly re;uested that DCF su-mit any materials that DCF -elieves$ould -e important for the Departments to onsider in their investi(ation

Summar! of the Facts

%s ordon lives $ith her parents in rural %assahusetts %s ordon volunteers for anor(aniAation in her ommunity mathin( families $ith donated lothin( and household items

#he is finishin( a fe$ ourses in a speial eduation pro(ram in her hi(h shool in order too-tain her diploma %s ordon is interested in pursuin( eduation -eyond hi(h shool and

findin( a parttime e for (ranted, suh as ta>in( Dana to the par>, sharin( a ;uiet moment $ith her dau(hter at

-edtime, and teahin( her to fish and ride a -i>e ordin( to Dr )risson, %s ordon has

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realisti expetations and a>no$led(es that it $ould -e diffiult to are for Dana on her o$n,

and fully reo(niAes that she needs the assistane of her parents

%s ordon has a developmental disa-ility that manifests in several $ays mon( other thin(s,she re;uires repetition, handson instrution, and fre;ueny in order to learn ne$ thin(s #he has

diffiulty readin( and follo$in( oral instrutions, and explains that she learns -est visually andthrou(h pratie Dr )risson evaluated her and found that she displays harateristis of a mild

intelletual disa-ility that affets some oneptual areas of her learnin(

In :ovem-er 2012, $hile %s ordon $as in the hospital, reoverin( from (ivin( -irth

to Dana t$o days earlier, DCF reeived a report ontainin( alle(ations of ne(let re(ardin( %s

ordon and Dana5 ordin( to DCF8s Inta>e 6eport, DCF revie$ed the report and deided toondut an emer(eny response investi(ation, notin( onerns that %s ordon B$as not a-le to

omprehend ho$ to handle or are for the hild due to the mother8s mental retardation DCF8s

:ovem-er 2&, 2012 Emer(eny Investi(ation report doumented the investi(ators8 o-servations

that 19yearold %s ordon had diffiulties holdin( and feedin( Dana, and that she had to -e

reminded -y an investi(ator to -urp the -a-y and lean spit out of the -a-y8s mouth /heinvesti(ators also o-served that %s ordon $as unomforta-le at han(in( the -a-y8s diaper

DCF8s Inta>e 6eport also alle(ed that %s ordon for(ot to feed Dana durin( one ni(ht shift&%s ordon explained to the investi(ators that she ould not read an analo( lo>, $hih is $hy

she had trou-le remem-erin( $hen she last fed her dau(hter %s ordon also reported that she

started >eepin( a feedin(s

Durin( the investi(ation, DCF personnel also learned that %s ordon8s mother, imordon, intended to assist %s ordon $ith parentin( Dana DCF also learned of the ordons8

involvement $ith the a(eny in the 1990s "o$ever, DCF had losed all servies to the family

-ased on the ordons8 ooperation and suessful ompletion of DCF8s servie plan7 DCF did

5 #uh reports are alled B51 reports under %assahusetts hild $elfare la$ See %@

119, 3 51& :ota-ly, durin( the ourse of the Departments8 investi(ation, it onfirmed that hospital staff

did not permit %s ordon8s parents, im and #am ordon, to stay $ith %s ordon and their

(randhild, Dana, at the hospital pursuant to its poliy that permitted only a spouse or si(nifiantother to remain after visitin( hours /he ordon (randparents explained that they $ere as>ed to

leave the hospital $hen they stayed an hourandahalf past visitin( hours the first ni(ht after the

-a-y $as -orn

7 DCF investi(ators reported that #am ordon did not $ant to meet $ith them durin( theemer(eny investi(ation /he investi(ative report reflets that %r ordon said he did not $ant

to meet $ith DCF, -ut that he B$anted to do $hat is -est for his dau(hter and (randhild %r

ordon explained to the Departments durin( the intervie$s that he $as an(ry $ith DCF8sinvolvement It $as not until :ovem-er 7, 2014, that the soial $or>er ontated %r ordon -y

letter and explained that she $anted to meet $ith him follo$in( a DCF Foster Care 6evie$

panel $hih reommended that suh a meetin( -e added to the servie plan /here is no reordthat DCF sou(ht to explain to any of the ordons until this time the onse;uenes of %r ordon

not meetin( $ith the a(eny #ine that time, %r ordon made himself availa-le to DCF to

address any onerns, and DCF has identified no urrent or reent onerns

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not identify any urrent or reent safety onerns $ith im and #am ordon /he investi(ators

also visited the ordons8 home, findin( ample -a-y supplies and notin( no onerns

:onetheless, on :ovem-er 25, 2012, at the onlusion of DCF8s investi(ation, thea(eny removed Dana from %s ordon8s ustody and plaed her in foster are ordin( to

DCF8s Emer(eny Investi(ation report, DCF deided to ondut an Bemer(eny removal,-eause %s ordon $as Buna-le to reo(niAe, omprehend and reat to the demands of an

infant /he onerns are there are no servies in plae Dana needs to ome into fosterare at this time /here are onerns $ith %s ordon8s a-ility to meet the -asi needs of a

ne$-orn hild DCF also noted that %s ordon and her parents had a previous history $ith

DCF and that she has Bserious developmental delays

!ver the next t$o years, DCF provided minimal supports and opportunities to %s

ordon $hile she sou(ht to reunify $ith Dana DCF set visitation at one per $ee> for one

hour, despite %s ordon8s re;uest for more fre;uent visits isits $ere supervised -y DCF and

too> plae at DCF offies and at a ommunity or(aniAation DCF $ould not permit im ordon

and staff from !C to assist %s ordon for most of the visits /he fre;ueny of visits $asredued to one every other $ee> after seven months, $hen DCF han(ed Dana8s permaneny

plannin( (oal from reunifiation to adoption

In addition, to the extent that DCF has ontinued to referene unspeified onernsre(ardin( the ordon8s past DCF ase history, DCF has not identified any urrent or reent

safety onerns $ith im and #am ordon !n the ontrary, Dr )risson and the psyholo(ist

that onduted the family8s parentin( assessment -oth reported that they identified no reent orurrent onerns

s a part of %s ordon8s DCF servie plan, %s ordon a(reed $ith DCF8s re;uirement

for her to $or> $ith a parent aide durin( her visitation $ith Dana to learn and utiliAe effetiveparentin( s>ills parent aide is a trained individual $ho provides support and stren(thensparentin( s>ills "o$ever, DCF failed to provide %s ordon parent aide servies for more than

ei(ht months and only provided these servies after it already deided that %s ordon $ould

not -e fit to parent Dana and han(ed the (oal to adoption= Even after the parent aide $asseured, DCF limited the parent aide8s partiipation to the last thirty minutes of %s ordon8s

visits $ith Dana /he parent aide $as other$ise tas>ed -y the a(eny $ith trainin( %s ordon

on parentin( s>ills usin( a Blifeli>e doll

= DCF personnel su((ested that this $as -eause %s ordon refused to si(n a onsent to release

her information to /he .nited r, the servie provider DCF hose to provide parent aide

servies !n the advie of her attorney, %s ordon did not si(n the onsent -eause, in theattorney8s opinion, the onsent presented -y DCF $as overly -road "o$ever, DCF did not

express $illin(ness or propose to modify the standard form to limit the sope of information that

DCF ould disuss, did not su((est that %s ordon ontat the parent aide a(eny herselfdiretly, as she had initiated servies from !C on her o$n -ehalf, or permit im ordon or

staff from !C to fill in to provide handson parentin( support to %s ordon durin( $ee>ly

visitations in the interim $hile the -readth of the release $as -ein( $or>ed out

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Durin( the early visits $ith Dana, DCF noted that %s ordon had some diffiulty $ith

feedin(s, diaper han(es, and transitionin( Dana -et$een people DCF also noted that %s

ordon $al>ed a$ay from the han(in( ta-le on a ouple of oasions, durin( supervised visits#ine that time, %s ordon has partiipated in numerous parentin( lasses and her parentin(

s>ills have improved si(nifiantly !n the other hand, DCF has repeatedly overloo>ed numerous

safety onerns in Dana8s preadoptive foster are plaement #peifially, over the past t$oyears in the foster home, Dana reeived a -la> eye, -umps, -ruises, srapes, -urnt hands on t$o

oasions, and $as left unattended on a >ithen ta-le $hen she $as only a fe$ $ee>s old

s desri-ed -elo$, several professionals have revie$ed this ase and found that a

familysupported parentin( plan $ith %s ordon8s parents $ould -e appropriate /he ordons8familysupported parentin( plan involves im and #am ordon o-tainin( (uardianship and

responsi-ility for ma>in( eduational, medial, and other si(nifiant deisions, $hile %s

ordon $ould live in the home and learn ho$ to are for her dau(hter $ith %s ordon8sassistane mon( the professionals are servie providers from !C and /he .nited r, the

psyholo(ist that onduted the ?arentin( ssessment, Dr )risson, the ma $ith the ordons on a re(ular -asis and are intimately a$are of the family8s

urrent funtionin( %ultiple !C staff have repeatedly advoated for DCF to inrease servies,

visitation, and to reonsider its deisionma>in( !C has supported the ordons and their

familysupported parentin( plan sine the or(aniAation -eame involved on :ovem-er 2&, 2012,$hen %s ordon ontated the a(eny on her o$n the day after Dana8s removal

/he .nited r* /he .nited r is also a ommunity-ased or(aniAation that provides anum-er of servies to, amon( others, parents $ith developmental and intelletual disa-ilities

/he .nited r is also a ontrator of DCF )e(innin( in 2014, /he .nited r $as retained -yDCF to provide parent aide servies for %s ordon /he .nited r staff -elieve that %s

ordon has an BamaAin( support system throu(h her parents and staff at !C and any of

DCF8s onerns a-out %s ordon parentin( alone are suffiiently resolved throu(h a familysupported parentin( plan

?syholo(ist8s ?arentin( ssessment* In !to-er 2014, a psyholo(ist retained -y %s

ordon8s ourtappointed ounsel onduted an assessment of the parentin( a-ilities of -oth %s

ordon and im ordon /he evaluation inluded revie$ of %s ordon8s shool reords,

intervie$s $ith %s ordon and her parents, and o-servation of %s ordon, Dana, and imordon durin( a supervised visit /he psyholo(ist noted that Dana had -een teethin( durin( the

visit, $hih impated her mood, -ut that B%s ordon appeared interested and involved $ithher dau(hter and ated appropriately at all times exhi-itin( patiene and tolerane $ith her

dau(hter8s upset /he psyholo(ist found that B-oth %s ordon and im ordon provided

praise and enoura(ement and set some limits and redireted Dana8s -ehavior $hen thesituation ditated the need for this /hey appeared to have a very (ood sense of ho$ to interat

and respond to this youn( hild /he psyholo(ist found no onerns $ith emotional

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maltreatment or physial touhin(, and explained that the partiipation of -oth %s ordon and

im ordon B$as defined -y an entirely positive, nurturin(, enthusiasti and patient

presentation .ltimately, the psyholo(ist onluded that DCF should reonsider its adoption(oal, and instead develop a plan involvin( (reater visitation amon( %s ordon, im ordon,

and Dana to help transition to the ultimate (oal of reunifiation, $here im and #am ordon

$ould assume (uardianship over Dana in a familysupported parentin( plan

Dr )risson8s Competene)ased Family ssessment* In #eptem-er 201, DCF a(reedto permit a Competene)ased Family ssessment -y Dr :iole )risson $ith #a(e "aven

ssoiates, a liensed linial mental health ounselor and a nationally reo(niAed expert on

parentin( $ith a mental disa-ility Dr )risson onduted an inhome assessment of %s ordon,im ordon, and Dana, revie$ed reords, intervie$ed numerous ollaterals inludin( her soial

$or>er and supervisors, and onduted intervie$s of %s ordon and im ordon 9

Dr )risson provided the follo$in( onlusion in her assessment*

Clearly, %s ordon is a lovin(, arin(, and onsientious mother $ho is $illin(to do $hatever it ta>es to have her dau(hter in her life #he is apa-le of learnin(

ne$ s>ills and has done so throu(h her visits $ith Dana, despite them -ein(

infre;uent 'ith ontinued dediation -y support providers and the

$illin(ness of %s ordon and im ordon to ontinue to $or> $ith them, it isli>ely that Dana an return home and $ill -e $ell ared for -y her mother and

(randparents It is important to remem-er that all parents reeive help at some

9 Dr )risson utiliAed numerous instruments to omplete her thorou(h assessment, inludin(* soial history;uestionnaireH

dru( and alohol sreenin( toolH

%edial emer(eny ;uestions to determine responses to serious uts, ho>in(, and mediation

administrationH

/he Community @ife #>ills #ale, intended to measure an individual parent8s a-ility to ne(otiate in the

ommunity, inludin( transportation, -ud(etin(, support servies, supportinvolvement, interests, ho--ies,

and routines of daily liveH

/he ?arentin( $areness #>ills #urvey, desi(ned to illuminate stren(ths and needs in a$areness s>ills a

parent aesses in reation to typial hildare situationsH

/he Impediments#upports Che>list, $hih evaluates effetive parentin( and family outomesH

/he Infant/oddler "!%E Inventory, desi(ned to measure the ;uality and extent of stimulation availa-le to

a hild in the home environmentH

/he %ental "ealth #reenin( Form IIIH and

?arent Eduation ?ro(ram Che>lists, $hih evaluate -asi hildare, health, safety, and interational

s>ills

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time, and %s ordon should -e no exeption /here is no diserni-le reason

revealed -y this assessment that %s ordon and her parents do not have the

a-ility to are for her hild safely

)risson ssessment of !t 2, 201 at 2 Dr )risson reommended that Dana -e reunified

$ith the ordons, that the ordons and the foster parents should exhan(e information to ensurea smooth transition, and that %s ordon and im ordon should ontinue to partiipate in

servies to further enhane their parentin( s>ills

DCF Foster Care 6evie$* In :ovem-er 201, a ma


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:o ;ualified individual $ith a disa-ility shall, -y reason of suh disa-ility, -e

exluded from partiipation in or -e denied the -enefits of the servies, pro(rams,

or ativities of a pu-li entity, or -e su-s11

?ursuant to on(ressional diretive,see, e.g., 2 .#C 3 1214H 2= CF6 3 1, the

Departments of Justie and "ealth and "uman #ervies have promul(ated re(ulations

10 Bpro(ram or ativity is defined under #etion 50 to inlude Ball of the operations of a

department, a(eny, or other instrumentality of a #tate or of a loal (overnment and Bthe

entity of suh #tate or loal (overnment that distri-utes suh assistane and eah suhdepartment or a(eny +and eah other #tate or loal (overnment entity to $hih the assistane is

extended, in the ase of assistane to a #tate or loal (overnment 29 .#C 3 79+-+1+,

+) s suh, all operations of a state (overnment a(eny are overed -y #etion 50 if any partof it reeives federal finanial assistane /itle I) and /itle IE of the #oial #eurity t are

the primary soures of federal hild $elfare fundin(, and DCF aepts suh fundin(

11 Durin( the Departments8 investi(ation, DCF su((ested, -ased ondoption of !regory, 4

%ass 117, 121 +2001, that the D may not -e raised as a defense to proeedin(s to terminateparental ri(hts -eause suh proeedin(s do not onstitute a Bservie under the D /he

Justie Department has lon( ta>en the position in its re(ulatory (uidane, tehnial assistane,

and enforement ations that /itle II applies to everythin( a pu-li entity doesKall of the hild$elfare servies it provides, inludin( reommendations and petitions related to hild $elfare

matters and proeedin(s to terminate parental ri(hts /he le(al onlusion that termination

proeedin(s are not overed -y the D similarly annot -e s;uared $ith the .# #upremeCourt8s unanimous pronounement in Yeskey, 52 .# at 20912 +findin(, -eyond ;uestion, that

a nonvoluntary motivational -oot amp in state prison $as overed for partiipation -y inmates

$ith disa-ilities

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implementin( /itle II and #etion 50 See2= CF6 pt 45 +/itle IIH 5 CF6 pt = +""#

#etion 50H 2= CF6 pt 2, su-pt +D!J #etion 50 )oth a(enies are responsi-le for

investi(atin( omplaints and ondutin( ompliane revie$s under /itle II See2= CF6 pt 45,su-pt F, )eause DCF reeives finanial assistane from the .# Department of "ealth and

"uman #ervies, it has e

reasona-le modifiations in poliies, praties, or proedures $hen the modifiations areneessary to avoid disrimination on the -asis of disa-ility, unless the pu-li entity an

demonstrate that ma>in( the modifiations $ould fundamentally alter the nature of the servie,pro(ram, or ativity -ein( offered 2= CF6 3 45140+-+7Hsee also5 CF6 3 =+aH .#

Dep8t of Justie, /itle II /ehnial ssistane %anual 3 II&1000, Illustration 2 +1994

+explainin( that pu-li entities may need to ma>e modifiations to pro(rams suh as

individualiAed assistane to permit individuals $ith disa-ilities to -enefit

/he D and #etion 50 thus see> to ensure parents $ith disa-ilities are free from

disrimination in the provision of servies, pro(rams, and ativities of hild $elfare a(enies

/his inludes a prohi-ition on ma>in( hild ustody deisions on the -asis of (eneraliAed

assumptions a-out disa-ility, rele(atin( parents $ith disa-ilities to lesser servies andopportunities, imposin( overprotetive or unneessarily restritive rules, and failin( to

reasona-ly modify poliies, praties, and proedures 2 .#C 3 12101+a+5

Findings

'e onlude that DCF has repeatedly and ontinuously denied %s ordon theopportunity to partiipate in and -enefit from its servies, pro(rams, and ativities, and has

12


13/27

other$ise su-sH +4 assist %s ordon inmeetin( servie plan tas>s to ahieve reunifiationH + provide meanin(ful visitation and

opportunities to enhane %s ordon8s parentin( s>illsH and +5 impose only neessary and

le(itimate safety re;uirements

In partiular, $e onlude that DCF has violated its o-li(ations under /itle II and #etion50 at eah sta(e of its proess -y +1 denyin( %s ordon e;ual opportunities to partiipate in

and -enefit from its servies, pro(rams, and ativities, 2= CF6 3 45140+a, +-+1+i+iiH 5

CF6 3 =+a, +-+1+i+iiH +2 utiliAin( riteria and methods of administration havin( theeffet of disriminatin( a(ainst %s ordon on the -asis of disa-ility and defeatin( or

su-stantially impairin( aomplishment of the o- to Dana if she

$ere to parent on her o$n, $ithout onsideration of any supports "o$ever, DCF has i(nored

the fat that %s ordon is not proposin( to parent on her o$n $ithout any supports, has i(nored

its o$n a-ility and o-li(ation to provide suh supports, and has repeatedly i(nored the o-


14/27

in 1991 that Bsuh an in;uiry is essential if the la$ is to ahieve its (oal of protetin( disa-led

individuals from disrimination -ased on pres 2= CF6 pt 45, pp ) +disussin( definition of B;ualified

individual $ith a disa-ility /his o-li(ation to at -ased on the fats of a person8s disa-ility

and the situation at hand, rather than on assumptions and stereotypes, is neessary to omply$ith the o-li(ation to provide individuals $ith disa-ilities opportunities to partiipate in and

-enefit from servies, pro(rams, and ativitiesH to avoid utiliAin( riteria or methods of

administration that disriminate or that su-stantially impair ahievement of the o-ed theapaity to parent Dana due to her developmental disa-ility $ithout onsideration of appropriate

supports and servies Indeed, DCF investi(ators reported their vie$ that %s ordon ould not

Breo(niAe, omprehend and reat to the demands of an infant, and that Bthe onerns arethere are no servies in plae, %s ordon re;uires Bparental eduation, and she Bshould

en(a(e in every servie availa-le to her as a ne$ parent 51 Emer(eny Investi(ation 6eport

of :ov 2&, 201 /he report further explained* B%s ordon has a previous history $ith DCF

$hih indiates she has serious developmental delays $d. Durin( the Departments8 intervie$sof DCF staff, one investi(ator explained that his vie$ of %s ordon8s apaity to parent $as

-ased on his Bintuition and statin( that B$hen you meet $ith someone, you (et a vi-e $hether

they are (oin( to -e a-le to do it or not

/hrou(hout the pendeny of this matter, DCF ated on these un$arranted assumptions,repeatedly failin( to ondut an individualiAed analysis of %s ordon8s urrent and future

apaity to parent Dana $ith inhome servies and family supports fter Dana8s removal, DCFassi(ned a soial $or>er and ase supervisor to %s ordon8s ase !ver the next t$o months,%s ordon8s soial $or>er onduted $hat the a(eny terms a Comprehensive ssessment and

the soial $or>er and supervisor onluded that %s ordon Bneeds to learn the -asi s>ills in

order to appropriately parent her hild /here is onern that her o(nitive limitations affet hera-ility to safely parent her hild It is hoped that -y $or>in( $ith the appropriate servies suh

as ounselin(, and $or>in( $ith a parent aide %s ordon $ill learn ho$ to provide for

Dana8s -asi needs14 "o$ever, instead of evaluatin( the overall level of ris> to Dana andfousin( on the servies that %s ordon $ould need to -e reunified $ith her dau(hter -ased on

the ample information it had, the reord indiates that DCF foused on o-tainin( a dia(nosis for

%s ordon %s ordon8s Fe-ruary 27, 2014 servie plan, explained that, $hile %s ordon

had a Bvery supportive family, she has Bo(nitive limitations, and Bthere $as no dia(nosis forthe mother8s mental retardation1 Indeed, staff involved in this ase repeatedly told the

14Follo$in( a supported 51 investi(ation, a ase is Bopened for servies and DCF is re;uired to omplete a Bfullassessment of the family8s situation in order to evaluate the overall level of ris> to the hild, identify the family8s

stren(ths, determine the (oal of the servie plan, and identify the tas>s and servies in the servie plan See 100

C%6 3 501504H DCF ssessment ?oliy, L=5011 +rev #ept &, 2000 :ota-ly, an Boverall ris> level ratin($as not doumented in the Comprehensive ssessment $or>sheet

1?resuma-ly, this fous $as -ased on DCF8s ssessment ?rotool, BFators .sed to Determine ?arental.nfitness, $hih states that in determinin( the (oal of the ase and developin( a permaneny plan, soial $or>ers

1


15/27

Departments durin( intervie$s that they did not >no$ ho$ to assist %s ordon -eause they

did not have a dia(nosis of her disa-ility, despite havin( extensive information and -ein( una-le

to artiulate $hy a dia(nosis $as neessary #taff also repeatedly emphasiAed the importane ofIM in determinin( ho$ to assist %s ordon "o$ever, as the .# #upreme Court reently

noted, an Bintelletual disa-ility is a ondition, not a num-er Hall v. 'lorida, 14 # Ct 19=&,

2001 +2014

In fat, DCF had suffiient information to meet its o-li(ations under the D and#etion 50 DCF $as a$are at inta>e that %s ordon potentially had a disa-ility that impated

her learnin(, DCF8s investi(ators identified as muh, and %s ordon8s soial $or>er $as a-le

to o-serve her on multiple oasions Furthermore, %s ordonGs soial $or>er ontated %sordonGs hi(h shool ounselor, and doumented in her Ditation :otes that %s ordon

Bmostly had an intelletual dia(nosis -ut her shool ounselor $as unsure of the Bexat

num-er of her IM DCFGs exessive fous on the need for a disa-ility dia(nosis and IM, andreliane on the a-sene of this information as the -asis for failin( to onsider or provide

neessary servies resulted in a denial of an e;ual opportunity to partiipate and -enefit from

DCF servies, pro(rams, and ativities on the -asis of disa-ility 2= CF6 3 45140+a, +-H 5CF6 3 =+a, +- Even if DCF did not have all of the information it -elieved $as neessary

to optimally serve %s ordon, DCF $as still re;uired to provide servies and supports $ith the

information it had Instead, as disussed -elo$, DCF imposed restritions on %s ordon8s

existin( supports, underminin( the supports and servies DCF a(reed to provide in %s ordon8sservie plan

lthou(h the reord is lear that DCF personnel reo(niAed that the manifestation of %s

ordon8s disa-ility alled for servies and eduation, and althou(h DCF had those servies at its

disposal, DCF failed to provide them #peifially, DCF failed to provide her $ith repetitive,fre;uent, handson, visual learnin( DCF $as re;uired to determine $hat $ould $or> for %s

ordon onsiderin( her disa-ility, as it does for other parents involved in its system Instead,DCF implemented minimal servies and imposed unneessary restritions durin( visits, ma>in(it diffiult for %s ordon to learn some parentin( s>ills Instead of reo(niAin( the need to

ad to terminate

%s ordon8s parental ri(hts :ot$ithstandin( all of this, the ommunity servie providers and

experts a(ree that %s ordon has sho$n the a-ility to learn appropriate parentin( tehni;uesand that a familysupported parentin( plan $ith im ordon havin( (uardianship $ould -e

appropriate

are advised to onsider $hether Bmental defiieny is a parental ondition that is li>ely to ontinue for a prolon(edperiod of time and ma>es it unli>ely for an individual to provide ade;uate areta>in( and that it is Bimportant to

have a formal dia(nosis DCF ssessment ?oliy, L=5011, ppendix F +ssessment ?rotool L ?6 9007 at

20

15


16/27

6eliane on un$arranted assumptions a-out %s ordon8s developmental disa-ility is

preisely the sort of an outdated approah that the D and #etion 50 $ere enated to

prohi-it See2= CF6 pt 45, pp ) +providin( in 1991 pream-le to the /itle II re(ulation thatthe provisions in 2= CF6 3 45140+- are, Bta>en to(ether, intended to prohi-it the

denial of e;ual opportunities ene

Breasona-le efforts to prevent or eliminate the need for plaement ?laement ?revention and

?laement ?oliy, L9000 at 455 +emphasis added B6easona-le efforts are defined in DCF8s?laement ?revention and ?laement ?oliy as DCF8s

-est efforts to assess the individual hild and family situation re(ardin( the

appropriateness and aessi-ility +$ithin limits of availa-le resoures of

preventive servies and to offer the family and assist +as appropriate in providin(suh servies to the family $henever possi-le It is the responsi-ility of the

#oial 'or>er and #upervisor to develop a #ervie ?lan $ith the family that

identifies the resoures and ativities needed to ena-le the family to ade;uately

are for and protet the hild

$d.

1&


17/27

%s ordon ould have si(nifiantly -enefitted from a num-er of supports and servies

the a(eny provides or ma>es availa-le to families involved in the hild $elfare system and

$hih ould have prevented the on(oin( plaement of Dana into foster are In partiular, DCFfirst failed to onsider a plan that relied on %s ordon8s o$n family resoures /o the extent

DCF ontinued to have onerns, it ould have implemented various inhome supports to afford

%s ordon the opportunity to have Dana at home Instead, DCF immediately plaed Dana intofoster are and han(ed the permaneny (oal to adoption seven months later

t the time of Dana8s plaement into foster are, %s ordon already had family supports

in plae im ordon left her er and supervisor noted in January 2014 in the

Comprehensive ssessment that %s ordon had a Bvery supportive family and identified it as

one of her stren(ths "o$ever, DCF ontinued to deny %s ordon the opportunity to utiliAe hero$n family supports to prevent the ontinued outofhome plaement of Dana Dana8s ourt

appointed attorney repeatedly re;uested that DCF plae Dana in im and #am ordon8s ustody

'hen DCF ontinued $ith Dana8s outofhome plaement, %s ordon8s parents

presented DCF $ith a plan to -e Dana8s primary are(ivers and see> le(al (uardianship of Dana,if neessary %s ordon8s father a(reed to provide finanial support for the family and %s

ordon8s mother $ould provide for Dana8s daytoday are

DCF maintained that it had onerns a-out plaement of Dana $ith the ordons -eause

DCF $as involved $ith the family $hen %s ordon $as a hild "o$ever, experts $ho haverevie$ed this ase find that the onerns a-out %s ordon8s parents in the 19908s do not

represent the urrent funtionin( of the family DCF personnel apparently also -elieved that its

onerns $ere suffiiently resolved $hen it losed its servies to the family in 2000 Durin( the

Departments8 investi(ation, DCF did not ite any urrent or reent safety onerns a-out im or#am ordon 6eliane on family supports is one of DCF8s re(ular tools for preventin( removal

!ne reasona-le modifiation DCF should have onsidered $as an a(reement that $ould haveafforded %s ordon the opportunity to parent Dana in the home $ith family supports -y ma>in(

im ordon responsi-le for Dana8s are 2= CF6 3 45140+-+7

If DCF had any le(itimate safety onerns a-out im8s supervision of Dana, it had a

$ide variety of supports and servies at its disposal to miti(ate suh onerns In fat, use ofsuh supports and servies is speifially alled for in this type of situation -y DCF8s o$n

poliies DCF8s ?laement ?oliy identifies an example of Breasona-le efforts DCF an ta>e to

15 DCF investi(ators learned durin( the emer(eny investi(ation that the ordon (randparents

did not see> (uardianship of Dana -eause they had not onsidered the formality to -e neessary

$hen the family had planned for %s ordon and Dana to live in their home "o$ever, inevaluatin( the ris> to Dana and the family8s overall funtionin( su-se;uent to the emer(eny

removal, DCF did not onsider $hether (uardianship or another arran(ement ould prevent the

ontinued outofhome plaement of Dana 'hile #am ordon explained that he B$anted to do$hat is -est for his dau(hter and (randhild, the reord reflets that DCF personnel did not see>

to intervie$ %r ordon to speifially evaluate any safety onerns until :ovem-er 2014, after

a DCF Foster Care 6evie$ panel reommended that the a(eny do so

17


18/27

prevent outofhome plaement in exatly the situation at issue hereH namely, providin(

assistane in aessin( parent aide servies andor speialiAed trainin( to help the primary

areta>er Bompensate for defiits, if pro-lem is due to primary areta>er8s la> of ertainapaities due to mental retardation, mental or physial illness D## ?oliy L9000+6 +199=

at 4&4Hsee also 110 C%6 3 70&1

%s ordon is a mem-er of the Btar(et population for preisely suh servies 110

C%6 3 70&1 ordin( to DCF8s re(ulations, the tar(et population inludes parents $hosefamilies are at ris> of ne(let Bdue to physial, developmental andor emotional disa-ility $d.

Net, DCF did not onsider or implement these supports until ei(ht months after Dana $as

removed and, even then, for only limited time /hus, DCF administered its pro(ram in a $aythat had the purpose or effet of defeatin( or su-stantially impairin( aomplishment of the

reunifiation pro(ram o-er servies

Family support servies* DCF denied %s ordon the opportunity to -enefit from in

home Bfamily support servies, $hih inlude a Bspetrum of servies that supportsmaintenane of the family unit, and ena-les adults or hildren to meet the (oals of a servie

plan 110 C%6 3 7040 #uh servies are intended to Bprovide soial and developmental

opportunities for a family or for individual family mem-ers $d. Family support servies are-roadly defined, and ould inlude a visitin( nurse assistant O a servie that $as disussed $ith

%s ordon and im ordon -y hospital staff, -ut not onsidered -y DCF O or a home health

aide

"omema>er servies* DCF also denied %s ordon the opportunity to -enefit from inhome Bhomema>er servies, $hih Bprovide support, assistane and trainin( to families in the

ativities of daily funtionin( "omema>ers provide a monitorin( and teahin( funtion $ithin a

family, and also help are for hildren and at as a role model for parents 110 C%6 3 7020/he re(ulations provide that homema>in( servies are appropriate in Bassistin( the family in

ensurin( that a-use and ne(let are not ourrin( in the home 110 C%6 3 7021

"omema>in( servies an -e authoriAed for a prolon(ed period of time 110 C%6 3 7022

t any time over the past t$o years, DCF ould have provided the opportunity for Danato live at home $ith an a(reement that im ordon -e primarily responsi-le for Dana and, if

neessary, utiliAe homema>er, visitin( nurse assistant, home health aide, or parent aide servies

to support %s ordon in learnin( ho$ to are for a hild Instead, despite its o$n poliies, DCFrefused to provide or did not onsider inhome support servies, and denied %s ordon this

natural learnin( environment and opportunity to spend ritial time $ith her infant dau(hter /he

failure to onsider and provide these servies denied %s ordon an e;ual opportunity to -enefitfrom DCF pro(rams and servies 2= CF6 3 45140+aH 5 CF6 3 =+a

1=


19/27

Even if inhome servies suh as parent aides, family support servies, or homema>er

servies had not -een speifially identified in DCF poliies, DCF $ould -e re;uired to

reasona-ly modify its poliies to ensure that %s ordon reeived the appropriate supports andservies to prevent Dana8s removal and on(oin( foster are plaement iven the -readth of

servies offered -y DCF, $e do not -elieve that offerin( these servies to %s ordon $ould

have resulted in a fundamental alteration 2= CF6 3 45140+-+71&

". DCF failed to implement services #hile Dana #as placed in foster care to provide

Ms. Gordon a meaningful opportunity to reunify her family.

fter DCF plaed Dana in foster are, the a(eny failed to implement servies to provide

%s ordon a meanin(ful opportunity to reunify $ith Dana, inludin( meanin(ful visitation and

opportunities to learn ho$ to respond to Dana8s developmental delays 2= CF6 3 45140+-+1+i, +-+4, +-+7H 5 CF6 3 =+-+1+i, +-+4

t the time DCF opened Dana8s ase, DCF investi(ators and soial $or>ers noted their

onern that %s ordon did not have appropriate servies in plae "o$ever, DCF did not

desi(n or implement servies appropriate to her disa-ilityrelated learnin( style %s ordon is avisual learner $ho re;uires repetition, modeled -ehavior, and handson assistane /hus,

appropriate servie plans $ould have inluded fre;uent inhome visits $ith ontinual assistane,

suh as -y im ordon, !C staff, or a parent aide ppropriate servie plans $ould also haveinluded opportunities to attend Dana8s medial and Early Intervention #ervies appointments

DCF8s #ervie ?lannin( and 6eferral ?oliy, L 97004 at 249 +rev 2000 +#ervie ?oliy

explains that Bservie plannin( is a fundamental omponent of soial $or> pratie and is

intended to -e a dynami, interative proess $hih involves the Department, family mem-ers,su-stitute are and other servie providers Every family reeivin( servies from DCF must

have a $ritten servie plan, $hih is a timelimited a(reement -et$een DCF and the family

desri-in( the tas>s to -e underta>en and the servies to -e provided in support of the (oal of the

servie plan See110 C%6 3 &01&04 /he servie plan (oal identifies the purpose of DCF8sinvolvement $ith the family and identifies the permaneny plan for the hild, $hih may -e to

sta-iliAe an intat family, to reunify a family, or to esta-lish an alternative permanent plan suh

as (uardianship, adoption, are $ith >in, et See110 C%6 3 &0 For families $ith hildrenin su-stitute are, servie plans are re;uired to identify the reasons for the hild8s urrent

plaement, efforts made -y DCF and the family to prevent plaement, family visitation, and tas>s

1& InP! "o#r, $nc. v. %artin, 542 .# &&1, &=9 +2001, the .# #upreme Court found under

/itle III8s analo(ous reasona-le modifiations re;uirement that poliies that faially restritertain ativities may need to -e modified $ithout $or>in( a fundamental alteration arious

federal ourts have also found under /itle II8s reasona-le modifiations provision that it is not a

fundamental alteration to provide inhome supports, even if it may arry si(nifiant expense andadministration See, e.g., Pash(y v. Delia, 709 F4d 407, 4242 +th Cir, 2014 +affirmin(

preliminary inin( inhome personal are assistane servies for individuals $ith disa-ilities andplain( them at ris> of institutionaliAation, and findin( that a(eny did not satisfy fundamental

alteration defense -ased on -ud(etary ar(umentsHsee also %.R. v. Dreyf#s, &&4 F4d 1100, 1121

+9th Cir 2011H "ownsend v. )#asim, 42= F4d 511, 520 +9th Cir 2004

19


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the family needs to omplete to ahieve the permaneny (oal See 110 C%6 3 &04&0

#ervie plannin( is re;uired to our $hen a ase is opened and revie$ed at least every six

months See 110 C%6 3 &07&0= s noted, DCF provides numerous servies diretly andthrou(h ontratual arran(ements, and servies are -roadly defined to allo$ individualiAation for

eah ase

!ne an on(oin( soial $or>er $as assi(ned to %s ordon8s ase, DCF implemented an

emer(eny servie plan on Deem-er 20, 2012, $hih re;uired %s ordon to Bappropriatelypartiipate in visits $ith Dana and $or> $ith a parent aide Bto learn ho$ to parent her hild

'hile provision of a parent aide $ould have -een +and indeed later $as an opportunity for %s

ordon to reeive the handson, modeled -ehavior she needed, provision of a parent aide $asdelayed -eause DCF re;uired %s ordon to si(n a onsent form authoriAin( DCF to dislose

her information -efore DCF $ould ma>e a referral to /he .nited r for parent aide servies

%s ordon8s appointed ounsel had onerns a-out the sope of information that ould -edislosed -et$een DCF and /he .nited r -ased on the sope of the release /hus, %s

ordon did not si(n the form

lthou(h DCF8s poliies and re(ulations provide for a $ide variety of servies to -e

tailored to individual irumstanes, $hile a$aitin( resolution of the pro-lem $ith the onsentform, DCF prevented %s ordon from fully utiliAin( other assistane %s ordon $as already

$or>in( $ith staff from !C outside of visits, and for parts of visits "o$ever, DCF personnel

insisted that only a parent aide from /he .nited r $ould -e appropriate, and !C staff $erenot permitted to provide handson demonstrations durin( most visits :or $ould DCF permit

im ordon to provide %s ordon handson assistane durin( the maer also $ould only o-serve visits, $ith the oasional ver-al prompts, $hih $ere not

helpful to %s ordon (iven her learnin( style17

DCF8s #ervie ?lan for Fe-ruary 15, 2014u(ust 15, 2014, re;uired %s ordon tomeet $ith DCF in her home one per month, partiipate in parentin( lasses at !C, $or> $ith

a parent aide, en(a(e in individual ounselin( to Baddress stressors and Bo(nitive limitations,partiipate in visits, and $or> $ith !C staff %s ordon dili(ently omplied $ith these

re;uirements, $ith the exeption of $or>in( $ith the parent aide -eause of the disa(reement

over the sope of the onsent form "o$ever, DCF still re;uired %s ordon to sho$ that she

ould parent on her o$n witho#t assistancedurin( the ma


21/27

plan and $ere similarly defiient to address the o-?oliy, ?roedures, and Doumentation, L =&011 at 2&4& +rev 199=19 'hile, in most ases,

visitation ours one a $ee>, DCF poliy expliitly ontemplates irumstanes $hen it may -e

neessary to inrease the fre;ueny of visits -et$een a parent and a hild For example, DCFpoliy indiates that the soial $or>er and supervisor should onsider more fre;uent hildfamily

visitation -ased on the a(e of the hild and the pro


22/27

visits $ith Dana DCF also refused to modify the re;uirements it plaed on %s ordon durin(

visitation, even thou(h %s ordon attended all visits, $as atively en(a(ed in servies, and

re(ularly made DCF a$are that she intended to do $hatever $as neessary to reunify $ith herdau(hter /he failure to provide fre;uent visitation denied %s ordon an e;ual opportunity to

-enefit from DCF8s pro(rams 2= CF6 3 45140+aH 5 CF6 3 =+a

DCF also refused to allo$ %s ordon and Dana to visit in her home "ome visits are

ommonly allo$ed for parents pursuin( reunifiation, partiularly $hen they are supervised orthere are no onerns $ith the home Despite the fat that DCF at no time noted any onerns

a-out the ordons8 home, Dana $as only ever permitted at the ordons8 home one, and it $as

for Dr )risson8s assessment O nearly t$o years after the initial removal )eause the ordons8home $as the -est environment for %s ordon8s learnin( style, re;uirin( that suh visits to

our in an offie settin(, or even at !C, $as a failure -y DCF to reasona-ly modify its

praties 2= CF6 3 45140+-+7

!n a fe$ visits, Dana ried and %s ordon ould not onsole her DCF staff repeatedly

told %s ordon that if she ould not stop Dana8s ryin(, they $ould end visits, and indeedended visits $ithout see>in( to sho$ %s ordon ho$ to onsole Dana s implemented -y

DCF, these visits $ere neither suited to assistin( %s ordon to learn effetive parentin(, norsuited to assistin( $ith reunifiation :or $ere they ly physial therapy

sessions DCF8s poliy on "ealth Care #ervies to Children in ?laement, L =5004 +rev 199=,

provides that Bparents should -e enoura(ed to assume as muh responsi-ility in the provisionof health are as possi-le, espeially if the (oal in the #ervie ?lan is reunifiation

Despite %s ordon8s repeated re;uests to attend these appointments so that she ould

learn ho$ to respond to Dana8s developmental delays, the reords indiate that DCF permitted

22


23/27

%s ordon to attend only one medial appointment #oial $or>ers either prevented %s

ordon from attendin( suh appointments, or failed to ma>e appropriate aommodations so %s

ordon ould attend them For example, DCF personnel repeatedly told %s ordon and heradvoates that %s ordon and im ordon $ere prohi-ited from partiipatin( in Dana8s Early

Intervention #ervies -eause the servies $ere provided in the foster parent8s home DCF made

no effort to move the loation of the sessions despite the $illin(ness of Early Intervention#ervies personnel to do so /he Early Intervention pro(ram fouses, in part, on assistin(

parents in understandin( the developmental needs of their hildren and in learnin( ativities and

strate(ies to help them (ro$ If DCF re;uired %s ordon to learn these speifi parentin(s>ills, the a(eny should have allo$ed her to partiipate in the pro(ram /he failure to do so

provided %s ordon an une;ual opportunity to partiipate in and -enefit from the (uidane of

Dana8s healthare providers, than $as afforded to the foster family 2= CF6 3 45140+-+1+iiH

5 CF6 3 =+-+1+ii

III. #fter DCF changed Dana4s permanenc! goal to adoption7 DCF failed to consider

Ms. 5ordon4s continued engagement and progress.

:ot$ithstandin( %s ordon8s ative en(a(ement and ooperation, on June 20, 2014 Oseven months after the removal O DCF han(ed Dana8s (oal to adoption, and DCF su-se;uentlyinitiated proeedin(s to terminate %s ordon8s parental ri(hts /he stated reason for the (oal

han(e $as %s ordon8s Bo(nitive limitations, and DCF8s determination that %s ordon

$as Bnot a-le to are for Dana, and that im ordon Bdoes not seem to understand that %sordon annot parent and has not intervened $hen %s ordon has plaed Dana at ris>

DCF did not identify any instane $here im ordon failed to intervene, and indeed she $as

prevented -y DCF from assistin( her dau(hter durin( the main( the

(oal han(e, DCF i(nored the failure to provide a parent aide or any other supports mentioneda-ove

.nder the D and #etion 50, even if it han(es the permaneny (oal to adoption,DCF had a ontinuin( o-li(ation to provide %s ordon the opportunity to partiipate in and

-enefit from its aids, -enefits, and servies for reunifiation, 2= CF6 3 45140+-+1+iH 5CF6 3 =+-+1+iHsee also Santosky v. *ramer, 55 .# 75, 7&0 +19=2 +B.ntil the #tate

proves parental unfitness, the hild and her parents share a vital interest in preventin(

erroneous termination of their natural relationship :ot$ithstandin( these o-li(ations, DCFredued visitation to one every other $ee> for one hour, thus further underminin( %s ordon8s

a-ility to learn parentin( s>ills and address the a(eny8s onerns

Despite this permaneny (oal han(e, %s ordon redou-led her efforts to a;uire

additional parentin( s>ills #he attended all visits $ith Dana, $or>ed $ith the parent aide to the

extent DCF8s fundin( $ould permit, and en(a(ed in a num-er of parentin( ourses thatsi(nifiantly inreased her parentin( apaity20 In addition, im and #am ordon also

20 For example, %s ordon ompleted BChan(in( Courses, a 10$ee> ourse provided

foused on stress, ommuniation, and interpersonal s>ills for parents $ith hildren in DCF

ustody %s ordon has partiipated in a series of B?ositive ?arentin( lasses, $hih overedthe importane of routines for hildren, respondin( appropriately to hildren8s emotions, and role

modelin( for hildren %s ordon also reeived ertifiation in C?6ED for adults, infants,

and hildren -y the merian "eart ssoiation %s ordon has partiipated in and failitated

24


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ontinued to en(a(e in servies #am ordon made himself availa-le to DCF to resolve any

unartiulated onerns of the a(eny im and #am ordon re(ularly partiipated in a

randparent #upport roup aimed at helpin( (randparents stren(then families, identifyresoures and servies, and learn a-out topis suh as healthy nutrition, tehnolo(y safety,

su-stane a-use and reovery options, and more /hey also attended a onferene aimed at

(randparents raisin( (randhildren throu(h 'orester #tate .niversity Durin( this onferene,the ordons spo>e diretly $ith DCF exeutive staff a-out this ase

DCF has repeatedly refused to han(e Dana8s permaneny (oal -a> to reunifiation and

is see>in( to terminate %s ordon8s parental ri(hts -y itin( Bonerns a-out %s ordon8s

independent parentin( a-ility "o$ever, as disussed here, DCF itself th$arted %s ordon8sattempts to learn ho$ to parent

%s ordon has had some visits $here she has had diffiulties !n one oasion, she

-umped Dana8s head three times durin( a visit, and durin( another $hen Dana $as learnin( to

roll over, Dana -umped her head )ut Dana did not ry and did not have -ruises from either

inident !n a fe$ other oasions, %s ordon $al>ed a$ay from a han(in( ta-le or lostfous on play e;uipment

'hile the safety of the hild is paramount, DCF did not provide availa-le servies,

imposed unneessary restritions on the servies that $ere provided, and failed to reasona-lymodify its praties to provide %s ordon an opportunity to learn ho$ to safely parent s

noted -y Dr )risson, there is no urrent ris> $hen %s ordon8s mother or a parent aide is

permitted to assist her Furthermore, DCF8s o-li(ation to individually analyAe an individual $itha disa-ility is on(oin( DCF staff explained durin( the intervie$s, as $ell as in Ditation :otes

and assessments, that %s ordon8s parentin( s>ills inreased over time, partiularly in 201

$hen she had a parent aide )eyond all of this, %s ordon has entered an a(reement $ith her

parents $here they $ill ta>e (uardianship of Dana, so %s ordon an -e involved in her life

DCF held %s ordon to a standard for Dana that $as not met in Dana8s preadoptive

foster are plaement DCF $as a$are of, and dismissed, numerous in eye, -umps, -ruises, uts, and -urnt hands that ourred durin( the time in foster are'hen Dana $as only a fe$ $ee>s old, she $as left unattended on a ta-le in the foster home21

I8. DCF has failed to provide appropriate policies and training for social $or2ers to

understand their oligation to ensure the civil rights of parents $ith disailities.

a num-er of (roups foused on parentin( and re(ularly volunteers in her ommunity %sordon and im ordon attended several B?arent Cafes to(ether, $hih are parent support

(roups that fous on a variety of parentin( hallen(es

21 'e note that DCF did not produe douments related to this inident in response to ourre;uest for information, dated u(ust 20, 201, for all reords in DCF ustody or ontrol related

to Dana, inludin( all 51 6eports, and all reords related to Dana8s plaement in a foster are or

preadoptive home DCF did not provide these douments durin( our intervie$s of DCF staff,$here $e speifially as>ed a-out a ditation note in their reords that va(uely referened this

inident /hese douments $ere $ithheld from prodution until midDeem-er 201, and only

after $e speifially in;uired as to $hat appeared to -e missin( douments

2


25/27

It is lear that the soial $or>ers involved in this ase $ere not provided appropriate

poliies and trainin( to (uide their deisionma>in( DCF re(ulations provide that Bthe

Department reo(niAes the speial needs of handiapped lients /he Department shall ma>ereasona-le aommodations to ensure that its servies are aessi-le to all handiapped

persons 110 C%6 3 10= )ut the a(eny has no proedures for soial $or>ers to implement

or understand ho$ this re;uirement applies to assessments, servie plannin( and implementation,o-li(ations durin( visits, the o-li(ation to ma>e reasona-le modifiations $here neessary to

avoid disrimination, and the imposition of le(itimate safety re;uirements Indeed, soial

$or>ers involved in this ase identified that servies and supports $ere needed, -ut did notreo(niAe ho$ to implement them onsistent $ith the re;uirements of /itle II and #etion 50

'hile DCF does provide trainin( onernin( mental health issues, it does not provide

formaliAed trainin( onernin( ivil ri(hts o-li(ations related to individuals $ith disa-ilities,

inludin( trainin( that $ould have assisted soial $or>ers in preventin( the D and #etion50 violations identified in this letter

/he la> of proedures and trainin( to (uide soial $or>ers led to a fous on dia(nosesand num-ers, and assumptions and (eneraliAations, and a failure to onsider $hat servies and

modifiations to poliies and praties are appropriate to ensure an individual $ith a disa-ility Oin this ase, %s ordon O had an e;ual opportunity to fully -enefit from DCF8s reunifiation

pro(ram

Minimal Remedial Measures

DCF should promptly implement the follo$in( minimal measures to remedy the defiienies

disussed a-ove

'ithdra$ the petition to terminate %s ordon8s parental ri(hts

Immediately ta>e all neessary ations to address the violations identified in this letter,

inludin(*

o Implementation of servies and supports appropriate to provide %s ordon a full

and e;ual opportunity to see> reunifiation onsistent $ith and in onsideration of

the t$o years of violations identified in this letterH and

o !ne implemented for an amount of time appropriate for %s ordon, an

evaluation of the thenurrent funtionin( of the family -ased on the opinions ofthe experts, ommunity-ased servie providers, and DCF8s Foster Care 6evie$

?ay ompensatory dama(es to %s ordon in an appropriate amount for in


26/27

Implement a trainin( pro(ram for all investi(ators, soial $or>ers, family resoure

$or>ers, supervisors, and rea ?ro(ram %ana(ers on ompliane $ith /itle II and

#etion 50

Conclusion

?lease note that this @etter of Findin(s is a pu-li doument and $ill -e posted on theCivil 6i(hts Division8s and !C68s $e-site 'e $ill provide a opy of this letter to any

individual or entity upon re;uest, and $ill share it $ith the omplainants and other affetedindividuals $ho partiipated in our investi(ation

?lease also note that no one may intimidate, threaten, oere, or en(a(e in disriminatory

ondut a(ainst anyone -eause he or she has ta>en ation, assisted, or partiipated in an

investi(ation to seure ri(hts proteted -y the D and #etion 50 See2 .#C 3 12204H2= CF6 3 4514H 5 CF6 3 =07+e+inorporated -y referene in the #etion 50

implementin( re(ulation at 5 CF6 3 =&1 ny individual alle(in( suh harassment or

intimidation may file a omplaint $ith the Department of Justie or the Department of "ealth

and "uman #ervies 'e $ould investi(ate suh a omplaint if the situation $arrants

'e hope to -e a-le to $or> $ith you and other offiials in an amia-le and ooperative

fashion to resolve our onerns $ith respet to the %assahusetts hild $elfare system ?lease

ontat 'illiam F @ynh at +202 405200= or'illiam@ynhPusdoin( ooperatively $ith you

If you have any ;uestions re(ardin( this letter, you may all 'illiam @ynh, /rial

ttorney, .# Department of Justie

#inerely,

anita upta

tin( ssistant ttorney eneral

Civil 6i(hts Division

2&
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


27/27

.# Department of Justie

Joelyn #amuels

Diretor

!ffie for Civil 6i(hts

.# Department of "ealth and "uman #ervies

#usan % ?eAAullo 6hodes6e(ional %ana(er

!ffie for Civil 6i(hts, 6e(ion I.# Department of "ealth and "uman #ervies

C*

ndre$ 6ome, eneral Counsel

?atriia Casey, Deputy eneral Counsel

Counsel for #ara, Dana, im, and #am ordon

Documents

Gordon Disability