The inclusion of disability as a condition for termination of parental rights

Lightfoot, Elizabeth; Hill, Katharine; LaLiberte, Traci

doi:10.1016/j.chiabu.2010.07.001

Cited by 62 publications

(39 citation statements)

References 12 publications

(36 reference statements)

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“…The focus on parental physical or intellectual disability as a risk factor for child maltreatment has additional relevance in light of a recent study that examined disability as a condition for termination of parental rights (TPR; Lightfoot, Hill, & LaLiberte, 2010). Thirty-seven states include parental disability in their codes as grounds for TPR (Lightfoot et al, 2010).…”

Section: Perpetration Of Maltreatment By Caregivers With Disabilitiesmentioning

confidence: 98%

“…Thirty-seven states include parental disability in their codes as grounds for TPR (Lightfoot et al, 2010). Specifically, 36 states include mental illness, 32 intellectual or developmental disability, 18 emotional illness, and 7 physical disability for consideration in TPR (Lightfoot et al, 2010). At issue is the presumption that disabling conditions are tantamount to parental inadequacy that might predispose children to maltreatment (Lightfoot et al, 2010;Swain & Cameron, 2003;Watkins, 1995).…”

Section: Perpetration Of Maltreatment By Caregivers With Disabilitiesmentioning

confidence: 98%

Section: Perpetration Of Maltreatment By Caregivers With Disabilitiesmentioning

confidence: 99%

“…It is often assumed that parents with disabilities will maltreat their children (Lightfoot et al, 2010). However, the empirical evidence showing an association between parental intellectual disability and child maltreatment is far from convincing.…”

Section: Summary Of Parental Disability and Risk For Child Maltreatmementioning

confidence: 99%

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Does Childhood Disability Increase Risk for Child Abuse and Neglect?

Leeb

Bitsko

Merrick

et al. 2012

Journal of Mental Health Research in Intellectual Disabilities

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In this article we review the empirical evidence for the presumptions that children with disabilities are at increased risk for child maltreatment, and parents with disabilities are more likely to perpetrate child abuse and neglect. Challenges to the epidemiological examination of the prevalence of child maltreatment and disabilities are discussed. We conclude that the evidence for the relationship between child maltreatment victimization of children with disabilities and perpetration by caregivers with disabilities remains equivocal due to variability in research samples, key definitions, and study methodology. Future research examining the link between disability and child maltreatment would benefit from more rigorous methodology and inclusion of a theoretical framework, such as the ecological model of child maltreatment. One potential pathway from disability to child maltreatment is presented. Knowing and understanding the link between disability and child abuse and neglect is an important step toward planning targeted and appropriate prevention and intervention activities.

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Section: Perpetration Of Maltreatment By Caregivers With Disabilitiesmentioning

confidence: 98%

Section: Perpetration Of Maltreatment By Caregivers With Disabilitiesmentioning

confidence: 98%

Section: Perpetration Of Maltreatment By Caregivers With Disabilitiesmentioning

confidence: 99%

Section: Summary Of Parental Disability and Risk For Child Maltreatmementioning

confidence: 99%

See 2 more Smart Citations

Does Childhood Disability Increase Risk for Child Abuse and Neglect?

Leeb

Bitsko

Merrick

et al. 2012

Journal of Mental Health Research in Intellectual Disabilities

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show abstract

“…Even though involuntary sterilization is now illegal, some women with disabilities are still subjected to having their reproductive rights violated by being surgically sterilized or provided birth control without their knowledge or without informed consent, which is reminiscent of the eugenics movement (Dotson et al, 2003). With 37 states using disability-related issues as reasons to terminate parental rights (Lightfoot et al, 2010), the ideals of the eugenics movement are still present despite the passing of the ADA.…”

Section: Role Of the Americans With Disabilities Act In Parental Righmentioning

confidence: 99%

Role of the Americans with Disabilities Act in Parental Rights Court Cases

Terry¹

2014

JCRS

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Conclusion: Taking Stock and Looking to the Future

Llewellyn¹,

Traustadttir²,

McConnell³

et al. 2010

Parents With Intellectual Disabilities

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May 1927 was a particularly dark time in history for persons with intellectual disabilities. That year in the United States of America, Justice Oliver Wendell Homes, Jr. infamously declared that "three generations of imbeciles are enough" as he handed down the United States Supreme Court majority decision upholding the compulsory sterilization of Carrie Buck (and, by extension, "the mentally retarded") "for the protection and health of the state" (Buck v. Bell, 274 US 200). This determination was based on an assumption that the very existence of people with intellectual disabilities was a threat to the human species. At that time, over eight decades ago, people with intellectual disabilities were segregated from society and in many places they were sterilized to prevent them from having children. Times have changed for the better in many places around the globe, but not in all.As this book was nearing completion in July 2009, the United States of America became the latest nation to formally endorse the UN Convention on the Rights of Persons with Disabilities (United Nations, 2006). As signatories to this landmark convention, states recognize the rights of persons with disabilities across all areas of life, and are held to uphold and make progress toward the many articles in the Convention. The Article of particular relevance to the topic of this book is Article 23, which states the right to marry and found a family. To enforce this right, the Convention goes on to require that nationstates are obligated to root out discrimination against parents with disabilities and to render appropriate assistance to disabled persons, including those with intellectual disabilities, in the parenting role.It remains to be seen whether the nations of the world act on their obligations under the UN Convention. Turning words into actions -rhetoric into realitywill be the real test of our humanity. The challenge is great. As many of the contributors to this book attest, when parents with intellectual disabilities talk about their own lives, they tell stories of discrimination against them found across and within all systems in society and particularly in the social care and welfare sector. Their stories also reflect that services are ill-equipped to accommodate the support needs of parents or those of their children. Other contributions

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The inclusion of disability as a condition for termination of parental rights

Abstract: This paper recommends that states consider removing disability language from their statutes, as such language risks taking the emphasis away from the assessment based on parenting behavior.

Cited by 62 publications

References 12 publications

Does Childhood Disability Increase Risk for Child Abuse and Neglect?

Does Childhood Disability Increase Risk for Child Abuse and Neglect?

Role of the Americans with Disabilities Act in Parental Rights Court Cases

Conclusion: Taking Stock and Looking to the Future

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