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Who is protected by ADA? What about people with a history of substance abuse when it comes to family matters?

Erie, PA |

My son has been in several suboxone programs, but no one in Erie, PA accepts insurance and patients must pay out of pocket ($200-$300 per month) which is difficult for a single parent. His ex had made allegations of substance abuse (knowing he was on suboxone) and OCY has taken my grandchildren. My son has tried to get into detox, but doctors there feel he should remain in a suboxone program because that's what works for him. The children have been gone 1 week and all we're told is that they're happy where they are, like they expect our family to just give up. My son has a disease, he's doing what necessary to ensure he can take the best possible care of his children (which he always has) and they seem to have alterior motives. Is there any protection for him under ADA?

Attorney Answers 2


No. The ADA is a law that requires public facilities and employers to make reasonable accommodations for those with medical disabilities. It does not apply to custody cases - the court is under a legal obligation to ensure the welfare and safety of the children, not to ensure your son has parental rights. If you son actually has drug abuse issues, then no court is simply going to say, "It's a medical condition - let him keep the kids."

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Mr. Corbin is quite correct. Here's a link to one of the many websites easily located on the web that discuss the ADA. Have you requested CYS to allow you to be a kinship placement? If not, try it.

Be sure to click Best Answer if you found this helpful. Disclaimer: Please note that this response does not in any way an attorney-client relationship between Kathryn L. Hilbush and the recipient. My responses are general in nature. They do not constitute legal advice. You are advised to consult an attorney regarding this and any other legal matters.

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