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Appeals court hears challenge to termination of parental rights; counsel dispute DCF ADA compliance and reasonableness of services
Summary
The Massachusetts Appeals Court heard argument May 8 in a termination‑of‑parental‑rights appeal that centers on whether the Department of Children and Families fulfilled ADA‑related obligations to a parent with documented cognitive limitations.
The Massachusetts Appeals Court heard oral argument May 8 in an appeal from a trial court order terminating a mother’s parental rights. Appellant counsel Michael Penta asked the panel to vacate the decree and to direct the Department of Children and Families (DCF) to convene an updated ADA meeting under DCF policy.
Why it matters: The appeal raises whether DCF’s disability‑accommodation obligations affect the reasonable‑efforts analysis that courts must make in termination proceedings, and whether a parent’s failure to raise an ADA issue waives review when the department did not provide written ADA notice.
Appellant’s argument: Attorney Michael Penta said the mother has documented cognitive and…
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