Update To Section 504 Of The Rehabilitation Act Bans Child Welfare Systems From Discriminating Due To Disability

A recent update to Section 504 of the Rehabilitation Act prohibits state child welfare systems from discriminating against individuals with disabilities, including parents, prospective parents, foster parents, caregivers, and children. The update, effective July 8, 2024, provides the first federal protections specifically for individuals with disabilities. Child welfare agencies must ensure that they avoid decisions based on speculation, stereotypes, or generalizations about whether a parent or caregiver’s disability will interfere with safely caring for a child.

The rule expressly prohibits discrimination against individuals with disabilities throughout the child welfare process, which includes custody, parent-child visitation, family preservation and . . .