Lawsuit to Protect Parents with Intellectual Disabilities at Risk of Family Separation
Josefina S. v. City of New York
New York City’s Administration for Children’s Services (ACS) is the agency charged with investigating allegations of abuse or neglect of children. This case claims that ACS discriminates against parents with intellectual disabilities, making it more likely that those parents will be unfairly separated from their children. In particular, ACS does not provide the services, programs, and activities that parents with intellectual disabilities need to prevent the removal of their children, or to be reunified with their children after the children have been removed. The case also claims that ACS unfairly and unlawfully assumes that parents with intellectual disabilities cannot parent their own children safely.
Name: Josefina S. v. City of New York
Dkt. #: 17 Civ. 7661 (S.D.N.Y 2017)
Judge: Hon. Alison Nathan
Co-Counsel: Davis Polk & Wardwell LLP
Status: Plaintiffs have moved for class certification; parties are engaged in settlement negotiations.
Violations of Americans with Disabilities Act and Rehabilitation Act.