Can parents raise ADA claims for the first time during termination proceedings? In re B.A. Explained

In In re B.A., the Utah Court of Appeals addressed whether a parent can successfully invoke Americans with Disabilities Act (ADA) protections for the first time during closing arguments at a termination proceeding, highlighting the evidentiary requirements for establishing disability status.

Background and Facts

Mother appealed the juvenile court’s order terminating her parental rights to B.A. The court found Mother unfit due to habitual substance abuse, including 16 positive drug tests for various controlled substances, extensive emergency room visits seeking narcotics across multiple hospitals, and failure to complete court-ordered substance abuse treatment. Mother first mentioned the ADA during closing arguments at the two-day termination trial, claiming her medical condition qualified as a disability requiring accommodations.

Key Legal Issues

The court addressed whether Mother established her ADA-qualifying disability status and whether the evidence supported findings of unfitness, best interests, and reasonable reunification efforts. The ADA applies to government provision of reunification services, but parents must establish they are “qualified individuals with disabilities” requiring reasonable accommodations.

Court’s Analysis and Holding

While Utah law permits raising ADA claims “at the eleventh hour,” the court found Mother failed to establish her disability status with substantial evidence. She provided only vague references to medical conditions without identifying specific disabilities or requesting accommodations during the reunification period. The court noted Mother never claimed disability or requested plan modifications until closing arguments, and her medical records showed only a possible ovarian cyst and disability benefit application filed a week before trial.

Practice Implications

This case demonstrates that successful ADA claims require comprehensive medical documentation establishing qualifying disabilities and formal accommodation requests. While eleventh-hour invocations are permissible, they must be supported by substantial evidence. Practitioners should ensure clients with potential disabilities obtain proper medical evaluations early and make specific accommodation requests during case planning rather than waiting until termination proceedings.