Federal Lawsuit: Massachusetts Wrongly Took Child 2 Days After Birth Because Mother was Disabled

Excerpts:

She was 19, a brand-new mother with a developmental disability. Two days after giving birth to her daughter, the state took the infant away and placed her in foster care. Massachusetts child welfare officials contend the young woman couldn’t properly care for a newborn and insist they acted in the child’s best interests. But the federal government disagrees: It says the state violated her civil rights by discriminating against her because of her disability.

In a new report, the Justice Department and the U.S. Department of Health and Human Services say the state Department of Children and Families — which has moved to terminate the mother’s parental rights — needs to compensate her and give her a chance to prove she can care for her daughter, or it could face a federal lawsuit.

The National Council on Disability, an independent federal agency advising the White House and Congress, says the case points up a growing problem: states needlessly taking custody of the children of disabled parents.

“Parents with disabilities are suffering significant discrimination,” said Robyn Powell, an attorney for the council. “What happened to this mother is very common … States are removing these children for the sole reason of their parents having a disability.”

Now 21, and identified in the federal report only by the pseudonym “Sara Gordon,” the young woman’s ordeal began as she was still recovering from childbirth in November 2012.

The National Council on Disability has documented similar cases across the country, including a Kansas City, Missouri, couple who had their daughter taken into state custody because they were both blind, and a quadriplegic mother in Chicago who waged a lengthy legal battle to keep custody of her son.

“This mother has good supports. There are no issues of substance abuse or domestic violence,” said Mark Watkins, a lawyer for the mother. “I have complete confidence in the ability of this family to parent this child safely.”

Read the full article here.

Published on February 9, 2015

5 Comments

Margaret Kris March 13, 2018 at 10:11 am - Reply

My daughter has been parentally abducted clear across the country from New Hampshire to Indiana the Machester district court put my daughter in daycare rather than with me a disabled American then the guardian let my daughter’s father’s girlfriend who lost custody of all 4 of her kids work there when I wasn’t allowed to go there where are the people who help the disabled fight against the discrimination of the courts I asked the Disability Rights center and NAMI in Concord NH they don’t do family law

lynelle March 13, 2018 at 10:11 am - Reply

Margaret-Kris- said:
My daughter has been parentally abducted clear across the country from New Hampshire to Indiana the Machester district court put my daughter in daycare rather than with me a disabled American then the guardian let my daughter’s father’s girlfriend who lost custody of all 4 of her kids work there when I wasn’t allowed to go there where are the people who help the disabled fight against the discrimination of the courts I asked the Disability Rights center and NAMI in Concord NH they don’t do family law 


I’m so sorry you’re going through this. Maybe some of these Resources will be of help>> http://medicalkidnap.com/resources/

Velvet Martin February 16, 2015 at 4:42 pm - Reply

Targeting families tasked with extraordinary circumstances is tremendously prevalent. Parents who have committed no wrongs are further repressed by ignorant governing officials who deny families basic human rights. The instances are numerous and a shameful testimony of prejudice towards persons with diversity:
http://www.cbc.ca/news/canada/parents-with-disabilities-want-support-not-stigma-1.1168403
https://www.youtube.com/watch?v=G9nlSwiPfwc Samantha’s Law
http://globalnews.ca/news/226109/alberta-woman-living-with-multiple-sclerosis-worries-she-may-lose-her-children/
https://whatsortsofpeople.wordpress.com/2014/11/12/alberta-primetime-tonight/
http://www.amazon.ca/Whisper-Past-Childless-Eugenic-Sterilization-ebook/dp/B00JG65KWC
http://www.philosophy.ualberta.ca/en/Events%20and%20Activities/Living%20Archives/Interview.aspx
https://rehabilitation.ualberta.ca/research/research-groups/family-and-disability-studies-initiative/supporting-parents-with-intellectual-disabilities

Dawn February 10, 2015 at 3:21 am - Reply

This Happens all the time, everyday.! Are people actually surprised by this?  Happened to me in 1997 and in 1998 lost my daughter permanently. The hole in my heart will never be filled. I’ve lived a suffering, traumatic life everyday since then.

1cpsdestroyer February 9, 2015 at 4:16 pm - Reply

When I was growing up there were two “mildly, mentally retarded” or (now referred to as having intellectual disabilities) kids in my Church.  They grew up in healthy, happy homes and were otherwise well adjusted kids.  Eventually, they fell in love and wanted to get married and everyone freaked out–but they had their civil rights and so they did.  Then, when they had their first child everyone went crazy again–not believing these special young people could do a proper job, but they did.  Because they loved their baby so much they decided they didn’t want to be stuck raising him while trying to live off their disability benefits alone.  The father got a job doing yard work and land scaping.  He was able to see how he could start abusiness and hire other people so he could spend more time at home helping.  Well, I sort of lost track for many years when I moved away and started my own family, but when I came back to visit family and friends years later I learned the kids who were supposedly so “disabled” had had several children (all normal and functional) and the dad’s business had afforded the the ability to raise and put them all through college–and, the biggest rub was in learning they were retiring early so they could travel around the country and see all their grand kids!  Now, admittedly, these people had love and support from their families and a great community to live in, but I learned we cannot underestimate the power of love for one’s children in bringing out the best we have to offer.