Parents with disabilities are more likely to lose custody of their children after divorce, have more difficulty in accessing reproductive health care, and face significant barriers to adopting children. 35 states include disability as grounds for termination of parental rights; 2/3 of dependency statutes allow the court to determine that a parent is unfit on the basis of a disability; and D.C. and 9 states (GA, KS, MD, MS, ND, NM, OH, OK, & SC) allow physical disability as the sole grounds for terminating parental rights, even without evidence of abuse or neglect [1]. Parents Disagree with a School on Diagnosis, Child Protective Services (CPS) – Problems In, Amicus Brief: Strip Searches Harm Children, Have a Low IQ? The mentally retarded person has, to the maximum degree of feasibility, the same rights as under human beings. This stat has been marginally (but fortunately) reduced by new state laws passed in the last 6 months. For example, a person of unsound mind can make a Will during periods of sanity. In families where the parental disability is physical, 13 percent have reported discriminatory treatment in custody cases. Aids and Appliances shall be made available to the people with disabilities. The training and welfare of persons with disabilities, Health and Safety measures and creation of a non- handicapping, environment in places where persons with disabilities are employed. The disability may be lunacy or other disability. In most of these Acts it has been provided that the following circumstances will disable a person from undertaking a marriage. Applications can also be made to the local magistrate for grants of such (reception) orders. The stories below illustrate how parents of children with special needs have had their parental rights questioned. Mutual Consent Divorce is the Simplest Way to Obtain a D... Trade Unionism had made its headway owing to growth of industrialization and No Disabled person will be deprived of the right to the language, script or culture which he has or to which he belongs. Whenever the Board of Trustees are unable to perform or have persistently made default in their performance of duties, a registered organization for the disabled can complain to the central government to have the Board of Trustees superseded and/or reconstituted. In an unsettling case that brings parents' rights into question, CPS removed a child from his home when his parent's disagreed with his school's ADHD diagnosis. Treatment at Government hospitals and nursing homes mentioned above can be obtained either as in patient or on an out-patients basis. The mentally retarded person has a right to get protection from exploitation, abuse and a degrading treatment. If prosecuted for any offence; he shall have right to the due process of law, with full recognition being given to his degree of mental responsibility. stigma and discrimination. features of the society in which he or she lives. substantially affects a person’s life activities and may be present from birth Women and children and those belonging to any socially and educationally backward classes or the Scheduled Castes & Tribes can be given the benefit of special laws or special provisions made by the State. Measures shall be taken for pre-natal, peri natal, and post-natal care of the mother and child. Sometimes, their disability is the sole reason for their children being taken from them. The rate at which their decisions are second-guessed and their parental rights threatened is unconscionable. Public building, rail compartments, buses, ships and air-crafts will be designed to give easy access to the disabled people. "But suddenly, despite what the doctors said, my son’s autism was being held against me as an indication of neglect. Article 29(2) of the Constitution provides that no citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on the ground of religion, race, caste or language. Even mentally ill prisoners and minors have a right of treatment in psychiatric hospitals or psychiatric nursing homes of the Government. Article 47 of the constitution imposes on the Government a primary duty to raise the level of nutrition and standard of living of its people and make improvements in public health - particularly to bring about prohibition of the consumption of intoxicating drinks and drugs which are injurious toone’s health except for medicinal purposes. To have the guarantee of maintenance of minimum standards of education required for recognition of rehabilitation qualification by universities or institutions in India.

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