VIOLATIONS UNDER THE AMERICANS WITH DISABILITES ACT

Section 12101

(a) (1) some 43 million Americans have one or more physical or mental disability

(2)… discrimination against individuals with disabilities continued to be a serious and pervasive social problem;

(3) discrimination against individuals with disabilities process in such critical areas… institutionalization, health services… and access to public services;

(5) individuals with disabilities continually encounter various form of discrimination, including outright intentional exclusion… communication barriers, over-protective rules and policies, failure to make modifications to existing facilities and practices, exclusionary qualification standards and criteria,… relegation to lesser services, programs, activities… or other opportunities;

(7) to individuals with disabilities are a discrete and insular minority ho have been faced with restrictions and limitations, subjected to a history of purposeful unequal treatment, and relegated to a position a political powerlessful in our society, based on characteristics that are beyond the control of such individuals and resulting from stereotypical assumptions not truly indicative of the individual ability of such individuals participate in, and contribute to, society;

(8) the nation’s proper goals regarding individuals with disabilities are to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for such individuals; and

(9) the continuing existence of unfair and unnecessary discrimination and prejudice denies people with disabilities the opportunity to compete on an equal basis and to pursue those opportunities for which our free society is justifiable famous, and cost the United Sates billions of dollars in unnecessary expenses resulting from dependency and non-productivity.

Section 12102 (1) Auxiliary and services includes (D) other similar services and actions.

(2) The term “disability” means, with respect to individual (A) a physical or mental impairment that substantially limits one or more of the major life activities of such individual; (B) a record of such impairment; or (C) being regarded as having such impairment.

Respondent parent has been compelled to participate in a Family Services Plan due to a real or perceived physical or mental impairment, which is a matter of record in this case, and which, according to the Department, substantially limits the ability of the parent to safely and appropriately raise his child. The respondent further asserts that raising one’s own child(ren) is a major life activity; and is, indeed, the most important life activity.

The Department has removed the subject child(ren) from the custody of the parent, stating on the record that the respondent parent has a physical or mental impairment which renders him unable to appropriately care for his child. DHS has recommended or obtained professional recommendations of treatment for said physical or mental impairment. The record substantiates that said impairment arises out of professional assessments including but not limited to drugs or alcohol evaluations, psychological in evaluations, domestic violence evaluations, etc., and which professionals have recommended a specific course of treatment to treat the real or perceived mental or physical impairment. The Respondent Parent asserts that he is currently under treatment for the above recorded real or perceived mental or physical impairments through the mechanism of the Family Services Plan.

Respondent has obtained, on his own initiative and at his own expense, other similar services and actions as defined in auxiliary aids and services, to assist the Respondent with the requirements, expectations, understandings, and support of the Respondent’s Family Services Plan. The auxiliary aids and services, other similar services and actions, consists of the use of a volunteer Family Advocate. Respondent asserts that the services of this advocate will assist the Respondent with a successful completion of Family Services Plan, which has been put into place as a direct result of the Department’s referrals and assessments of the parent’s physical or mental impairment, and which has been reported to the court as a matter of record, and which impairment substantially limits his ability to care for his children by virtue of a legal finding by a court of competent jurisdiction.

Section 12131 Definitions

(1) public entity means (AB) in any state or local government;

(B) any department, agency, special-purpose district, or other instrumentality of a State or States or local government.

The Respondent Parent asserts that the local protection agency, a.k.a. the Department of Human Services, is a public entity as defined in this subchapter.

(2)