No Chance to Prove Themselves: The Rights of Mentally Disabled Parents under the Americans with Disabilities Act and State Law

62 Pages Posted: 8 Nov 2007  

Dale Margolin Cecka

University of Richmond School of Law

Abstract

This article explores the relationship between state child welfare laws that terminate parental rights and the federal Americans with Disabilities Act (ADA). The article begins by analyzing the application of the ADA to termination of parental rights proceedings against parents with mental disabilities. It then surveys state child welfare laws, focusing on the treatment of parents under New York State law. The article concludes by advocating for a change to reflect the principles of the Americans with Disabilities Act in state laws and in practice.

Suggested Citation

Cecka, Dale Margolin, No Chance to Prove Themselves: The Rights of Mentally Disabled Parents under the Americans with Disabilities Act and State Law. Virginia Journal of Social Policy and the Law, Vol. 15, No. 1, 2007; St. John's Legal Studies Research Paper No. 07-0088. Available at SSRN: https://ssrn.com/abstract=1028023

Dale Margolin Cecka (Contact Author)

University of Richmond School of Law ( email )

28 Westhampton Way
Richmond, VA 23173
United States

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