Mental Health Law: Selected Issues: Rights of Parents with Disabilities

Permanent custody requirements - it must be proved by clear and convincing evidence that one of the statutory factors applies and that it is in the best interests of the child that permanent custody be granted to the agency. Factors include "chronic mental illness, chronic emotional illness, intellectual disability, physical disability, or chemical dependency of the parent that is so severe that it makes the parent unable to provide an adequate permanent home for the child".

August 2015 Joint guidance from U. S. Department of Health And Human Services, Office for Civil Rights, Administration for Children and Families and the U.S. Department of Justice,
Civil Rights Division, Disability Rights Section

Robyn M. Powell, Susan L. Parish, Monika Mitra, Michael Waterstone & Stephen Fournier, YALE LAW & POLICY REVIEW (2020)

Robyn M. Powell & Sasha M. Albert, STANFORD LAW & POLICY REVIEW (2021)

Robyn M. Powell, Confronting Eugenics Means Finally Confronting Its Ableist Roots, William & Mary Journal of Race, Gender, and Social Justice (2021)

Robyn Powell, forthcoming in Washington University Law Review (2023)

National Council on Disability

The Regulatory Review, 10/23/21

Dayton Daily News 8/17/23 OhioRise program

National Council on Disability, (adapted from Elizabeth Lightfoot, Katharine Hill, and Traci LaLiberte, “The Inclusion of Disability as a Condition for Termination of Parental Rights,” Child Abuse and Neglect 34 (2010): 927-934.)