Institutional Ableism in Child Welfare: Insights From Attorneys Representing Parents With Disabilities

Parents with disabilities face disproportionately high rates of child welfare involvement, family separation, and termination of parental rights, suggesting that institutional ableism, including policies and practices that disadvantage people with disabilities, shapes child welfare outcomes. This study explored how institutional ableism manifests in child welfare from the perspective of attorneys representing parents with disabilities. Twenty‐three attorneys with experience representing parents with disabilities in child welfare cases across diverse US jurisdictions participated in semi‐structured interviews conducted via Zoom between April and June 2023. Interviews were analysed using qualitative content analysis to identify themes related to institutional ableism. Five themes emerged: lack of tailored services that impede parents' ability to demonstrate parenting capacity; biased and inaccessible parenting assessments that generate inaccurate evidence; inadequately trained staff who exhibit bias and have limited understanding of disability; systemic violations of disability rights laws that create additional legal barriers; and inequitable parenting standards rooted in ableist assumptions. These findings demonstrate that institutional ableism pervades child welfare practice, creating systemic barriers that disadvantage parents with disabilities and contribute to family separation. Reform requires meaningful enforcement of disability rights laws, disability‐informed assessment protocols, individualized and accessible services, and comprehensive training for caseworkers, evaluators, and courts.