The Office for Civil Rights at the U.S. Department of Health and Human Services reached a voluntary resolution agreement with the Commonwealth of Pennsylvania's Department of Human Services to protect the rights of individuals with disabilities, including those in recovery from substance use disorder, based on federal disability laws.
"State, county and local child welfare organizations must ensure that they have policies and practices in place that do not that limit opportunities for people with disabilities to fully participate in their programs, including individuals in recovery from a substance use disorder," OCR Director Melanie Fontes Rainer said in an Aug. 8 news release.
This resolution addresses discrimination concerns within the Pennsylvania child welfare system overseen by county agencies but licensed and overseen by PA DHS, ensuring compliance with Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act, the release reported.
A qualified person with a disability is protected under Section 504 from discrimination in the provision of benefits and services based on their impairment for programs and activities run by HHS or receiving federal funding from HHS, the release said. All state and local governments, including child welfare organizations and judicial systems, must comply with Title II of the ADA in order to provide their services, programs and initiatives.
This settlement ends a dispute with a county-run child welfare organization under PA DHS that disallowed a person from applying to be a foster parent because she takes medication for her substance use disorder, infringing on her rights under federal disability laws, according to the release. This agreement serves as an illustration of OCR's continuous efforts to make sure child welfare organizations adhere to federal civil rights laws.
The Pennsylvania child welfare system, which is run by county agencies but is licensed and supervised by PA DHS, is designed to prevent discrimination against people with disabilities. During its investigation, OCR found systemic issues with the PA DHS's oversight of the Section 504 and Title II policies, practices and procedures used by county child welfare agencies, the release said.
With the help of such policies, people should be protected from being dissuaded from applying for a job or being excluded from a program run by a PA DHS-licensed agency on the basis of unfair beliefs that taking drugs for a substance use disorder will make it harder for them to be good foster parents, the release reported. Foster parents are essential to a functioning child welfare system, and it is in the public interest to encourage chances for suitable people to take part in federally supported programs.
