In Re Green

In this unpublished opinion, the Michigan reversed and remanded the matter because the trial court failed to determine whether Respondent Mother suffered from a disability under the Americans with Disabilities Act.  If the Trial Court concludes that she is disabled, DHS must provide her with services that provide reasonable accommodations under the ADA.

Respondent timely raised her request for additional services under the ADA early in the proceedings.  In re AMB, 248 Mich App 144, 194-195; 640 NW2d 262 (2001); In re Terry, 240 Mich App 14, 26; 610 NW2d 563 (2000). The ADA requires the Department of Human Services (DHS) “to make reasonable accommodations for those individuals with disabilities so that all persons may receive the benefits of public programs and services.” Id. at 25. “Thus, the reunification services and programs provided by the [DHS] must comply with the ADA.” Id. “[I]f the [DHS] fails to take into account the [parent’s] limitations or disabilities and make any reasonable accommodations, then it cannot be found that reasonable efforts were made to reunite the family.” Id. at 26.

This case is unique in that you rarely see an opinion citing the ADA.  This is somewhat surprising because in many instances it is some disability of the parent that is the cause of the neglect in the home.  As a practice tip, it is important to evaluate your clients mental, physical and cognitive status early on in the representation.

As used in the ADA, the word “[d]isability” means “a physical or mental impairment that substantially limits one or more of the major life activities of [an] individual; a record of such an impairment; or being regarded as having such an impairment,” and includes “[a]ny mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.” 28 CFR 35.104.  You will most likely need to request a court appointed expert to evaluate whether your client is disabled for the purposes of the ADA,

In the Matter of Isreala Greene (Click here to view the case)

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