The Implications of Parenting Standards in Child Protection: A Paradox in Disability Policy

Contemporary parenting standards in the field of child protection produce a paradox in disability policy. Focusing on the protections necessary for child safety, child protection workers are apt stereotypically to discount the abilities of parents with disabilities to raise their children. This situation runs a wide spectrum. It includes parents fully capable of parenting with no outside assistance who are nevertheless denied their children on the basis of completely baseless stereotypical assumptions. It includes parents who are mentally fully capable of parenting, but who are denied the necessary personal assistance services to perform the physical tasks of child care. This article, however, focuses on yet another situation: parents with mental, emotional, or cognitive disabilities who, without assistance to perform the cognitive tasks necessary for safely raising children, could neglect their children. It discusses this situation in light of the Americans with Disabilities Act and various state laws that protect the civil rights of persons with disabilities.