PHOENIX — The Arizona Department of Child Safety (DCS) discriminates against parents, including foster parents and other caregivers, and children with disabilities, according to a report by the Justice Department.
On Monday, the DOJ released its findings from an investigation and stated DCS violates Title II of the Americans with Disabilities Act.
After an investigation, the DOJ found DCS failed to communicate properly with parents and children with hearing disabilities, including by not providing interpreters.
The department was also found to have failed to reasonably accommodate the needs of parents with disabilities, by not providing information in a simplified form.
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DCS also denied parents with disabilities an equal chance to participate in and benefit from DCS programs and services, the DOJ report states.
“Under the ADA, parents and children with disabilities are entitled to fair and equal treatment by child welfare agencies,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Over four million parents with disabilities live in the United States, and discriminatory actions by child welfare agencies can have devastating and permanent consequences for parents and children. 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 and that separations are not prolonged because a child welfare agency does not give parents the effective communication and reasonable accommodations that the ADA guarantees.”
“Parents and children with disabilities deserve to be treated with dignity,” said U.S. Attorney Gary M. Restaino for the District of Arizona. “Our office will continue to work with the Civil Rights Division to guarantee that parents and children with disabilities are protected under the law, and to ensure that the Department of Child Safety more meaningfully accommodates disabilities in the pursuit of better outcomes for families.”
The DOJ has provided DCS with steps it needs to take to fix the identified violations.
A DCS representative provided the following statement to ABC15 regarding the report:
“The Department of Child Safety is committed to working compassionately with all families, including children and families with disabilities. Today, the Department received findings of a nearly five-year long investigation. The Department is reviewing those findings and will work with the DOJ to remedy any alleged violations of law. In August 2023, the Department hired a dedicated ADA/LEP Coordinator to ensure the rights of families interacting with the Department are protected. If you believe your rights have been violated in the course of your DCS case, you can contact the DCS Office of the Ombudsman at ombudsman@azdcs.gov or 602-364-0777 or 1-877-527-0765.”
If you or someone you know has a complaint about disability discrimination by DCS, call 1-888-394-3540 (for TTY, dial 711 first) or file a complaint here.
