Reasonable reunification efforts; Disability accommodations under the Americans with Disabilities Act; In re Hicks/Brown

The court held that the DHHS reasonably modified respondent-mother’s services to accommodate her disability and that these efforts were reasonable. The trial court found “182 days had elapsed since the initial disposition order, that the conditions that led to adjudication continued to exist, and that there was no reasonable likelihood that the conditions would be rectified in a reasonable amount of time.” It also found termination was in the child’s “best interests because of his special needs, the length of time he spent in foster care, his need for permanency and stability,” respondent’s “ability to care for him, and her prior termination of parental rights.” Finally, it found “DHHS made reasonable efforts to reunify the family including, drug testing, parenting time, resources on different ways to secure transportation, parenting classes, individual counseling, support in obtaining a driver’s license, education as to the child’s condition, oversight, and a psychological evaluation.” On appeal, the court rejected her argument that the DHHS failed to make reasonable reunification efforts because it failed to accommodate her intellectual disability. The record demonstrated that the DHHS assisted her with her comprehension of the child’s “medical conditions, provided her multiple resources, and actively worked to ensure [her] presence at medical appointments.” However, despite the DHHS’s “numerous services and accommodations, respondent[] unfortunately could not demonstrate an understanding of [the child’s] medical condition and needs such that she would be able to safely care for him.” Moreover, she “failed to establish that she would have fared better if other services had been offered.” Affirmed.