Americans with Disabilities Act- Termination of parental rights

WI Court of Appeals – District I

Case Name: State of Wisconsin v. G. L.

Case No.: 2026AP000865

Officials: Donald, C.J.

Focus: Americans with Disabilities Act- Termination of parental rights

After A.V.L. was removed from her guardian’s care, DMCW developed a reunification plan tailored to G.L., who had an intellectual disability and mental health diagnoses. The agency arranged for psychological and parenting assessments, parenting classes, one-on-one parenting assistance, supervised visitation, transportation assistance, and repeated offers of individual and family therapy. DMCW also made additional accommodations by spending extra time explaining requirements, reminding G.L. of appointments, inviting her to participate in her daughter’s autism treatment, and offering remote participation options. Despite these efforts, G.L. often declined therapy and other opportunities or failed to fully engage with services.

The Court of Appeals held that credible evidence supported the jury’s determination that DMCW’s efforts were reasonable under Wisconsin law, which requires good-faith efforts that account for a parent’s characteristics but does not require every conceivable accommodation.

The court also rejected G.L.’s argument that DMCW violated the Americans with Disabilities Act (ADA), concluding she waived the issue by failing to raise it in the circuit court and, regardless, existing Wisconsin precedent holds that the ADA neither expands child welfare agencies’ statutory duties nor provides a defense to termination proceedings.

Affirmed.

Decided 06/30/26

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