US Section 504 of the Rehabilitation Act (29 USC 794) and HHS Rule 45 CFR Part 84
Subpart F: health, welfare and social services, medical treatment, value assessment and child welfare (84.51 to 84.60) – US Section 504 of the Rehabilitation Act (29 USC 794) and HHS Rule 45 CFR Part 84

US Section 504 of the Rehabilitation Act (29 USC 794) and HHS Rule 45 CFR Part 84 84.60: Child welfare: no decisions based on speculation or stereotypes about parents, caregivers or children with disabilities, and evidence-based, individualised, accessible parenting evaluations

What does 84.60 require?

No qualified individual with a disability may be excluded from, denied the benefits of or discriminated against under any child welfare program or activity receiving HHS assistance. Discrimination includes decisions based on speculation, stereotypes or generalisations that a parent, caregiver, foster parent or prospective parent cannot safely care for a child because of disability, or about a child with a disability, whether taken directly or through contracts; the prohibition reaches denial of custody, control or visitation, denial of family preservation and reunification services, termination of parental rights or guardianship, denial of the opportunity to foster, adopt or act as companion, and requiring out-of-home placement to obtain services. The recipient must establish procedures to refer individuals who need adapted services or reasonable modifications to qualified professionals for evaluation, and must ensure parenting assessments are evidence-based, conducted by qualified professionals, tailored to actual parenting ability and disability-related needs, fully accessible, individualised and not based on a single IQ or disability measure.

Maintained by Gerard Blokdyk

Other controls in Subpart F: health, welfare and social services, medical treatment, value assessment and child welfare (84.51 to 84.60) – US Section 504 of the Rehabilitation Act (29 USC 794) and HHS Rule 45 CFR Part 84

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