Q: Is drug addiction considered a disability and can parents rights be terminated based on drug use?
Rehabilitation efforts were unsuccessful at times but rights were terminated while parent was still engaged in services
I have never heard of drug addiction being described as a disability. The ADA does not contain a list of disabilities, but rather defines disabilities as follows: "A physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment."
And, yes, a parent's rights can be terminated because of a drug addiction; in fact, that happens almost every day in Arizona.
If you are wanting to appeal the decision, you should contact a juvenile law attorney right away.
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