Background
N.D. was born drug-exposed and experienced withdrawal symptoms that required a feeding tube and ventilator. The Arapahoe County Department of Human Services obtained temporary custody, placed N.D. with older siblings in foster care after the child left the hospital, and filed a dependency-and-neglect petition. Father admitted the petition, and the juvenile court adjudicated N.D. dependent and neglected.
Father had asserted in the siblings’ ongoing dependency-and-neglect case that substance use disorder, ADHD, and past PTSD treatment qualified him for accommodations under the Americans with Disabilities Act. The parties later stipulated to an identical treatment plan in both cases. It required, among other things, substance-use and domestic-violence evaluations, twice-weekly drug testing, safe housing, a neuropsychological evaluation, parenting services, family time, and cooperation with case professionals. The evaluator’s diagnostic impression was moderate intellectual disability.
The Court’s Holding
The Colorado Court of Appeals affirmed the judgment terminating father’s parental rights. It held that the juvenile court properly found the Department had made reasonable efforts to rehabilitate father, including efforts that addressed the accommodations he had sought. The appellate court assumed, without deciding, that father’s status as a qualified individual with a disability under the ADA was undisputed at the termination hearing.
The record supported the finding that the Department referred father for a neuropsychological evaluation and to the HOPE Initiative for life-skills, transportation, and parenting support; supplied reminders, written feedback, and regular meeting opportunities; accommodated late family-time arrivals; and provided other services aligned with his requested modifications. Father, however, minimally engaged with the HOPE Initiative, did not consistently participate in visits, testing, or substance-use treatment, lacked stable housing, and failed to comply with most treatment-plan objectives. The court concluded that father’s lack of engagement—not the limited time he had worked with the HOPE Initiative—supported his unfitness.
Key Takeaways
- ADA accommodations are part of the reasonable-efforts assessment in a dependency-and-neglect case.
- A department must know of a qualifying disability before it can be required to provide reasonable ADA accommodations.
- Even when accommodations and services are offered, the parent remains responsible for engaging with them and complying with the treatment plan.
Why It Matters
The decision underscores that a department’s reunification efforts must account for a parent’s disabilities when appropriate, but the adequacy of those efforts is evaluated under the totality of the services provided. A termination judgment may stand where the agency offers accommodations and tailored support but the parent does not meaningfully participate.