Disability Futures

In a move that could have far-reaching effects for the estimated 4.1 million parents in the United States who have disabilities, the Department of Justice and the Department of Health and Human Services jointly issued a strongly worded rebuke to the Massachusetts Department of Children and Families, accusing them of violating the rights of a parent with mild intellectual disability.  

The federal departments found that the Massachusetts DCF systematically and illegally discriminated against a mother known pseudonymously as Sara Gordon in court papers, whose baby was removed from her care by DCF at two days old. DCF has begun proceedings to terminate Gordon’s parental rights.       

“The departments’ investigation has revealed that DCF has committed extensive, ongoing violations of Title II and Section 504 [of the Americans With Disabilities Act] by discriminating against Sara Gordon on the basis of her disability, and denying her opportunities to benefit from supports and services numerous times over the past two years, including her existing family supports,” the jointly written letter, dated Jan. 29, states. “The departments find that DCF acted based on Ms. Gordon’s disability as well as on DCF’s discriminatory assumptions and stereotypes about her disability, without consideration of implementing appropriate family-based support services.”