Parents with disabilities often face unfair treatment from child welfare agencies, and their children with disabilities may not get the care they need. This fact sheet provides information and helps explain your rights and how to advocate for yourself and your children.
DSS and Your Rights
The Department of Social Services (DSS) and Child Protective Services (CPS) must follow the law. The Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act prohibit discrimination and require reasonable accommodations. People with disabilities must be treated fairly and given the help they need.
DSS does not always comply. Disability Rights North Carolina (DRNC) is currently suing DSS for not following these laws. We take cases to court in the hopes of making changes to systems that can help many people, not just the ones in the case.
DRNC is a legal advocacy group fighting for the rights of people with disabilities Unfortunately, we do not have enough lawyers to take every case to court and have to make hard decisions to turn away deserving cases. When we cannot work on a case directly, we provide resources to help you stand up for your rights.
Cases We Are Fighting
Moore County DSS
The Moore County Department of Social Services took custody of a brother and sister when their mother was being treated in the hospital. Instead of helping them stay together and in their community, DSS put the children in institutions, even though other options were suggested. The agency also did not reunite the family quickly.
Read more Moore County Lawsuit
An update to the information above: The family said the Moore County Department of Social Services broke federal disability rights law. The family filed a case in federal court to stand up for their rights as people with disabilities. Moore County, North Carolina paid a settlement to this family. The settlement ends the family’s court case. Moore County Settles Claims of Unnecessary Institutionalization – DRNC
NC DHHS
The federal lawsuit Timothy B. et al. v. Kody Kinsley is against the North Carolina Department of Health and Human Services for not following the law and placing children with disabilities into Psychiatric Residential Treatment Facilities (PRTFs) instead of providing them with better community-based care. The case also highlights how children of color are disproportionately affected by this harmful practice.
Read more Timothy B. Litigation
Know Your Rights with DSS
Home Visits
If DSS arrives at your home, ask them to show you the court order or warrant before allowing them inside. If they do not have one, you do not have to let them in your home. You may want to bring your children to the front door to show DSS that your children are safe and DSS does not need to return to your house.
Medical Records
If DSS asks for your or your child’s medical records, ask them to show you the court order that gives them permission to have those record.
Accommodations
DSS must provide reasonable accommodations such as sign language interpreters, plain language documents, and help with transportation.
Placement Rights
Children with disabilities in DSS custody have a right to live in homes, not in institutions. If DSS wants to place your child in a facility or group setting, ask if they thought about home-like settings for your child and why they did not choose that option.
Requesting Accommodations
If you need a reasonable accommodation for you to get DSS services, send a written request to your case manager and their supervisor.
You can send the request in a letter or email. If you mail or hand the letter to DSS, keep a copy for yourself and note the date and how you sent it. For example, you might write on your copy of your letter “sent by mail on January 20, 2025,” or “handed to Ms. Smith, DSS supervisor on January 20, 2025.”
You can use the format below for your letter. Or you can use our letter generator tool to create your letter.