In re: C.W. (Parenting Rights)

The ACLU of Missouri 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.

The ACLU of Missouri 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. The 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 the brief.