Disability rights with DCF

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Massachusetts Law Reform Institute and Mental Health Legal Advisors Committee
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This article is for parents and caregivers with disabilities who are involved with the Massachusetts Department of Children and Families (DCF). You have rights and protections under federal and state law.

DCF must give people with disabilities an equal chance to benefit from its programs and activities. DCF must not discriminate against a person because they have a disability.

Read more to learn about how to get “reasonable accommodations” and other rules DCF must follow if you have a disability.

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What is a disability?

The Americans with Disabilities Act (ADA) defines a person with a disability as someone:

  • with a “physical or mental impairment that substantially limits a major life activity”
  • with a history or record of having a disability (such as cancer in remission), or
  • who others believe have a disability.

 Major life activities are things that are important to most people’s daily lives. Examples of major life activities are:

  • breathing,
  • walking
  • talking,
  • hearing,
  • seeing,
  • sleeping,
  • parenting,
  • caring for oneself,
  • doing manual tasks, and
  • working. 
What disability laws must DCF follow?

DCF must follow these laws when it works with people with disabilities, including parents, caregivers, and children.

  1. Federal laws
    1. The Americans with Disabilities Act (ADA)
    2. Section 504 of the Rehabilitation Act (Section 504)
  2. State laws
    1. Article 114 of the Massachusetts Constitution
    2. Massachusetts Equal Rights Act, M.G.L. c. 93, sec 103
  3. DCF regulations
    1. 110 CMR 1.08 Special Provisions Relating to Handicapping Conditions
    2. 110 CMR 1.09 Special Provisions Relating to Nondiscrimination

These laws: 

  • forbid DCF from discriminating against someone because of their disability;
  • prevent DCF from making decisions based on assumptions about a person based on their disability;
  • require DCF to provide services that allow a person with a disability to benefit from DCF’s services, programs, and activities; and
  • say that DCF must provide “reasonable accommodations.” 

DCF also has a Disability Policy that it must follow. The policy has more details about what DCF must do so that it does not discriminate against people with disabilities. The policy also says what people can do if DCF does not follow the disability laws or policy.

Note:

DCF must follow disability law anytime you are involved with DCF or a DCF service provider. This includes if you are involved in a DCF abuse and neglect investigation, if you have an ongoing DCF case with your child at home, or if your child is in DCF custody.

What is a reasonable accommodation?

A reasonable accommodation is a change in how DCF communicatesfollows its policies and practices, or provides services. This change must allow a person with a disability to work with DCF and participate in services in the same way a person without a disability would. 

DCF must give reasonable accommodations to anyone who the law considers as having a disability. See What is a disability?

DCF must give you reasonable accommodations anytime you are involved with DCF or a DCF service provider. This means that DCF and DCF service providers must provide reasonable accommodations to you if DCF:

  • is conducting an abuse and neglect investigation that involves your family;
  • has opened an ongoing case with your family while your child is still home with you; or
  • has removed your child from your home. 

DCF cannot charge you for reasonable accommodations. They are free.

What are some examples of DCF reasonable accommodations?

Some examples of reasonable accommodations could include DCF: 

  • changing how often parenting time occurs;
  • changing how long a parenting time lasts;
  • changing where parenting time occurs, including using accessible spaces;
  • arranging for hands-on learning during child medical or early intervention services appointments, such as,
    • modeling and then having a parent give medication or
    • demonstrating and then having a parent repeat an exercise with the child;
  • teaching parenting skills in a way that the parent needs to learn the skills, such as
    • Someone shows the parent how to do something in their home or
    • using pictures rather than words for step-by-step instructions;
  • writing letters and DCF action plans that are easier to understand;
  • providing adaptive parenting equipment, such as Braille books, talking thermometers, or tactile medicine dispensers;
  • writing a letter after a meeting to summarize the meeting;
  • writing an overview before conversations;
  • writing a translation of all conversations;
  • allowing a parent to provide answers to questions in writing rather than verbally;
  • Allowing a peer support person to assist parents in all DCF interactions;
  • calling or emailing to remind a parent of their appointments;
  • creating a visual calendar for the parent of appointments, meetings, and parenting time schedules that they can hang on their wall;
  • allowing the parent aide or other support person who can take notes during meetings,
  • giving the parent time to take notes during meetings;
  • providing interpreters or other aids and services to ensure effective communication; and
  • giving advance notice before interactions so that parents can plan and prepare;
  • allowing meetings to occur virtually. 

The accommodation you get should focus on your needs. If the reasonable accommodation does not work or is not helping you, you can ask for more or different accommodations. DCF should review these reasonable accommodations to make sure that they are helping. 

How do I ask for a reasonable accommodation?

You can ask for a reasonable accommodation by:

It is helpful to ask for a reasonable accommodation in writing (email or mail) and keep a copy of your request. 

You do not have to use special language to request a reasonable accommodation. You do not have to mention the law, use magic words like “reasonable accommodation,” or identify as having a disability to get a reasonable accommodation. 

See a sample accommodation request letter (Word document).

If you have not heard back about your accommodation request within 10 days, email [email protected]. You can address this email to the Civil Rights Compliance Coordinator and the Disability Liaison for your region. You can also send the email to the supervisor and the ongoing worker on your case. In this email, ask DCF to provide you with a written response to your request. Let DCF know that if you do not hear from them within 30 days of your request, you will consider your request denied. 

Do I have to prove I have a disability to get a reasonable accommodation?

DCF is not supposed to make you prove that you have a disability for you to get an accommodation. And you are not required to give any information that DCF asks for.

But if the disability is unclear, you may want to give DCF information about your disability and how it impacts you so that you can get the most appropriate accommodation. Information may be from a medical provider, school records, or other service professionals. It is most helpful to give information about the limitations you have because of the disability, and that the requested accommodation would remove that limitation. 

What if my accommodation needs to change?

You can always ask to change your accommodation or to add other accommodations as needed. While you are involved with DCF, they should continue to make sure your accommodations are a good fit for you.

Do I have to pay for my reasonable accommodation?

No, it is free. DCF cannot charge you for reasonable accommodations or auxiliary aids and services.

What do I do if DCF denies my request for a reasonable accommodation?

If DCF denies your request, they should give you a written statement explaining their decision and how to appeal it. If DCF only tells you about the denial, ask them to give you their decision in writing.

You can file a grievance within 30 days of getting the denial, whether or not it is in writing. To learn how to file a grievance, see: What can I do if I disagree with a DCF decision?

Also see: What if DCF discriminates against me because of my disability or violates disability law in some other way?

What if DCF threatens or punishes me for asking for an accommodation?

DCF is not allowed to coerce, intimidate, or threaten anyone because they asked for a reasonable accommodation. This violates disability law.

See what actions you can take below.

What if DCF discriminates against me because of my disability or violates disability law in some other way?

If you think that DCF has violated disability laws, you can:

Important:

DCF is not supposed to retaliate or take action against you if you file a complaint. Retaliation is a violation of civil rights laws. For options about what you can do if you believe that someone at DCF has retaliated against you, see the above list.

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