RI DCYF Settles Over Allegations Of Disability Discrimination

PROVIDENCE, RI — The state agency responsible for child welfare has agreed to settle over allegations of disability discrimination, the Rhode Island U.S. Attorney's Office said.

The U.S. Attorney's Office, in partnership with the Office for Civil Rights at the Department of Health and Human Services, opened an investigation after receiving several complaints from families with parents who have disabilities. Three of the complaints said the department did not provide sign language interpreters to deaf parents during DCYF investigations, including cases involving children removed from their homes. Another complaint claimed that the agency drew conclusions about parental capacity from the parents' disabilities, including epilepsy and intellectual disabilities, failing to provide reasonable accommodations to plans.

The investigation concluded that DCYF may not have taken the appropriate steps to ensure proper communication for deaf and hard-of-hearing parents and guardians. The U.S. Attorney's Office and OHHS also determined that the department lacked proper training, procedures and policies to meet the obligations of federal civil rights laws requiring equal access to services.

"Eliminating disability discrimination is important in any context, but nowhere more so than when interactions that affect the integrity and unity of families are on the line," U.S. Attorney Zachary Cunha said. "We are pleased that, as a result of today’s settlement, DYCF is committing to meet its obligations to remove barriers to full and appropriate service in these critical encounters, regardless of disability."

Under the settlement agreement, DCYF will establish policies and procedures to overcome communication obstacles, including contracts with qualified interpreters. The department will also establish training protocols about civil rights laws and accommodations for people with disabilities, as well as assign an Americans With Disabilities Act coordinator and submit quarterly reports for three years.

"Recipients of federal financial assistance, like state agencies that provide child welfare and other services, have a fundamental responsibility under law to take necessary steps to eliminate unnecessary barriers for those who are deaf or hard of hearing," said Lisa Pino, the director of the Office for Civil Rights. "This agreement sends an important message to organizations to examine and update their policies, procedures, and training programs to fulfil their obligations to those that they serve."