Termination of parental rights proceedings: legal considerations and practical strategies for parents with psychiatric disabilities and the practitioners who serve them.

TOPIC: This article examines the issue of parenting with a psychiatric disability and the risk of custody loss for these parents.
PURPOSE: The purpose of this article is to examine the parental rights of parents with psychiatric disabilities and the use of the Americans with Disabilities Act as a legal defense. The current status of the law on terminating parental rights for people with mental illnesses is reviewed and the use of the ADA as a defense is described. Other defense strategies for parents and practitioners are also addressed. SOURCES USED: Sources for this paper include published literature and research on issues related to parenting with mental illnesses. Pertinent American case law and federal statutes were also examined.
CONCLUSION: While using the Americans with Disabilities Act as a defense has had limited success in state termination of parental rights proceedings, some courts have declared it applicable in certain instances. Legal strategies such as raising this issue early in the termination process and practical strategies such as having a child care emergency plan are crucial to parents and practitioners who are navigating the child welfare system.