Qualitative interview study reveals how statutory disability language drives parental rights termination in child welfare, indicating an urgent need for legislative reform.
Parents with disabilities face systematic discrimination in the child welfare system, including elevated rates of child removal and termination of parental rights (TPR). Drawing on semi-structured interviews with 23 attorneys representing disabled parents, this study examines how disability's explicit inclusion in TPR statutes, present in 35 states and D.C., shapes cases. Four themes emerged: inconsistent impact, codification of stigma, procedural disadvantage, and policy trade-offs. Attorneys recommended eliminating disability as grounds for TPR, mandating reasonable accommodations before termination, creating comprehensive legislative frameworks, and establishing enforcement mechanisms. These statutes may legally sanction presumptions of incompetence, undermining federal protections and warranting comprehensive reform.
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Powell et al. (2026) studied this question.
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