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Appendix 3414: Americans With Disabilities Act Reasonable Accommodations in Service Planning

CPS April 2010

The Americans With Disabilities Act (ADA) prohibits CPS from discriminating against people with disabilities in its programs and activities. See 1251 Clients With Communication Disabilities.

CPS staff are required to comply with the following policies to provide, through service planning, reasonable accommodations to clients with disabilities:

  ·  Provide reasonable service modifications to parents with disabilities so that the services are as effective as those provided to persons without disabilities in every stage of client services delivery.

  ·  Use the risk assessment and family assessment instruments to identify needs that may require modified services for clients with disabilities to reduce the risk of child abuse and neglect.

  ·  Address, whenever possible, in service plans developed jointly by staff and clients, any modification of services needed to:

  ·  help parents who have disabilities prevent the removal of children from their home; and

  ·  ensure the earliest possible return home for children in court-ordered placements, when reasonable safety for the children can be ensured.

  ·  Make reasonable efforts to coordinate with all public and private agencies that provide treatment or support services to parents with disabilities.

  ·  Make reasonable efforts to obtain suggestions from providers offering services to clients with disabilities.

  ·  Provide modified services to parents with disabilities, before considering termination of their parental rights, to accommodate their disabilities and give them the opportunity to demonstrate their ability to provide for the physical, emotional, and mental needs of their children.

  ·  Request in all cases that require court intervention that an attorney ad litem be appointed for parents who have a mental disability.

  ·  Use the local community resource coordination group (CRCG) to obtain modified services for parents with disabilities.

  ·  Collaborate with local agencies that serve persons with disabilities to obtain training for staff and for families with disabilities.

  ·  Develop a safety plan that involves using an advance directive executed by the parent to identify a caretaker for his or her children in the event that the parent’s situation deteriorates to the extent that the parent can no longer assure the safety of the child. Staff must agree that the caretaker identified by the parent has the ability to provide a safe, healthy environment for the child.

Modifications to Services

In the event that reasonable modifications have been made to accommodate a parent’s disability, but the child’s safety still cannot be assured, the worker discusses with the parents the placement options that will enable the parent to remain as involved as possible with the child, such as a parental child safety placement agreement with a private provider.

Examples of reasonable modifications made to services include the following:

  ·  Ensuring that individuals with disabilities understand their right to refuse consent to home entries

  ·  Increasing the frequency with which a service is provided

  ·  Extending the length of time the service is provided

  ·  Modifying staff counseling and client parenting skills training to provide more concrete, hands-on instruction in a natural environment

  ·  Providing a worker to model parenting skills to the parents in the family’s home

  ·  Increase and repeat training and information, as needed, over an extended period of time

  ·  Providing reminders for appointments or services on a more frequent and intensive basis

  ·  Providing a calendar in which appointments are clearly identified

  ·  Arranging for or directly providing transportation. (The worker must obtain authority to transport the child to appointments with service providers and to other planned activities. The basis for that authority is limited to either the parent’s consent or a court order.)

  ·  Providing more extensive and thorough follow-up services

  ·  Moving a service from an upper-level floor to the first floor of a building

  ·  Relocating a service to an accessible facility

  ·  Providing an aide or personal assistant

  ·  Providing benefits or services at a site that is accessible to the parent, such as at the parent’s home

  ·  Providing program information in large print, audio tape, Braille, and so on

  ·  Arranging for interpreter services and other communication-related services or devices

  ·  Exploring supported housing for parents with disabilities through local MHMR community centers

  ·  Arranging for specialized education on parenting that is specifically tailored to the parent with mental health issues

  ·  Providing protective day care services

  ·  Referring parents to local resources, such as the following:

  ·  AmeriCorps

  ·  The ARC of the United States, a support group for children with developmental disabilities and their families

  ·  Advocacy, Inc.

  ·  United Cerebral Palsy

  ·  Department of Assistive and Rehabilitative Services (DARS)

  ·  Rehabilitative Services

  ·  Deaf and Hard of Hearing Services

  ·  Services for the Blind and Visually Impaired

  ·  Early Childhood Intervention Services

  ·  Disability Determination Services

  ·  Educational Resource Center on Deafness at Texas School for the Deaf (ERCOD)

  ·  Department of Aging and Disability Services (DADS)

  ·  Health and Human Services Commission (HHSC)

  ·  Community Care for the Aged and Disabled (CCAD)

  ·  Social Security Administration

  ·  Supplemental Security Income (SSI)

  ·  Community Resource Coordination Group (CRCG)

  ·  Department of State Health Services (DSHS)

  ·  Texas Children’s Health Plan (Behavioral Health services)

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