DOJ accuses Arizona DCS of discriminating against parents and children with disabilities

PHOENIX – The federal government is accusing the Arizona Department of Child Safety (DCS) of discriminating against parents and children with disabilities.

The U.S. Department of Justice (DOJ) announced the allegations on Monday after a comprehensive investigation into complaints filed against the state child welfare agency.

The DOJ sent Arizona DCS a letter explaining its findings and detailing the steps it needs to take to remedy the situation.

According to the findings, DCS failed to accommodate parents, including foster parents and other caregivers, and children with disabilities in a variety of ways that violate Title II of the Americans with Disabilities Act (ADA).

“This often means that parents with disabilities do not have the same opportunities as parents without disabilities to avoid having their children removed from the home or to reunify their families,” the letter says. “DCS sometimes relies on stereotypes and generalizations about people with disabilities or makes decisions based only on the existence of a parent’s diagnosis.”

For example, DCS needs to do a better job of providing American Sign Language interpreters for deaf and hard of hearing parents, caregivers and children, according to the DOJ.

“Under the ADA, parents and children with disabilities are entitled to fair and equal treatment by child welfare agencies,” Assistant Attorney General Kristen Clarke of the DOJ’s Civil Rights Division said in a press release. “Over 4 million parents with disabilities live in the United States, and discriminatory actions by child welfare agencies can have devastating and permanent consequences for parents and children.”

Arizona DCS said it was looking into the findings.

“The Department of Child Safety is committed to working compassionately with all families, including children and families with disabilities,” Cynthia Weiss, directors of communications for Arizona DCS, said in a statement. “The Department is reviewing those findings and will work with the DOJ to remedy any alleged violations of law.”

Arizona DCS joins other agencies accused of ADA violations

DCS isn’t the first government entity in Arizona accused of violating the ADA.

In 2023, the Arizona Department of Corrections, Rehabilitation and Reentry was found to have discriminated against inmates with vision disabilities.

And earlier this year, the DOJ released the findings of yearslong investigation into alleged civil rights violations by the Phoenix Police Department. Among other things, the probe found a pattern of discrimination against people with behavioral health disabilities.

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