Q: Can the state (DHS) force a person to be tested for a disability as part of foster parent certification?
We are in Oregon, applying to be adopt a child from California (ICPC). In one of the interviews I mentioned I might have high functioning autism because struggle with some social skills (I am a geek). The state then required me to be tested (be tested or we will deny your application). Which seems to be in violation of the ADA. I agreed to the test which delayed our family's certification by over 90 days and the results showed I am not on the spectrum, just a standard INTJ person. The testing is overly broad, invasive, and unrelated to my ability to care for a child. We are not certified yet, currently on day 300 of the regulatory 180 day certification process. The caseworker is clearly stalling and I don't know why.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
It sounds like you're dealing with an incredibly frustrating and unfair situation. Under the Americans with Disabilities Act (ADA), government agencies cannot impose unnecessary medical testing or discriminate based on perceived disabilities. If the test was unrelated to your ability to parent, forcing you to take it may have been a violation of your rights. The delay and lack of clear communication from the caseworker only add to the concern.
You have the right to question the necessity of the evaluation and challenge any discriminatory actions. You might consider filing a complaint with the state agency or seeking legal guidance to ensure your case is being handled fairly. If they are stalling without valid reasons, documenting every interaction can help you hold them accountable. The ICPC process is already complex, but unreasonable delays should not be tolerated.
You’ve already complied with their demands, and the results should put any doubts to rest. At this point, pressing for an official explanation for the delay might be the best next step. If the agency continues to stall, escalating the matter through formal complaints or legal action could push them to move forward. No family should have to face unnecessary barriers when trying to provide a loving home for a child.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
