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In re: C.W. (Parenting Rights)
We filed an amicus brief in the Missouri Court of Appeals for the
Eastern District on behalf of A.W., the mother of C.W., whose parental
rights were terminated by the trial court. A.W. is mentally ill
and has cerebral palsy. The court found three grounds for
termination: (1) A.W. has a significant clinical psychiatric diagnosis
that impairs her ability to care for her son. The psychiatric
evidence was from an evaluation more than a year prior to the
termination hearing, without follow-up; (2) “failure to rectify” the
situation that led to removal; and (3) catch-all unfit, based on (1)
& (2). The case is troubling in that A.W. appears to have
done everything that was asked of her and improved significantly but
was never given a chance to attempt to raise her child with the
supportive services required by statute. Our brief focused on the
history of discrimination against persons with mental disabilities and
their ability to parent and how Missouri statutes, when properly
applied, would prevent such prejudices from influencing termination of
parental rights decisions. The Bazelon Center for Mental Health
Law joined our brief.
Legal Documents
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