ACLU Urges New York Appeals Court to Reverse Termination of Parental Rights Based on Opioid Treatment Stereotypes
The brief argues that the family court’s decision was discriminatory and disregarded the father’s rights under the Americans with Disabilities Act.
NEW YORK — The American Civil Liberties Union and the the New York Civil Liberties Union (NYCLU), alongside leading experts in addiction medicine, have filed an amicus brief in the New York Supreme Court Appellate Division, Second Department urging the court to reverse a family court decision that terminated a father’s parental rights based largely on his use of methadone to treat opioid use disorder. The brief argues that family courts cannot, without a bona fide medical justification, require parents to reduce or terminate their medications for chronic illness in order to keep their parental rights.
The groups filed the brief on behalf of Jorge C., a father who, under medical supervision, had been successfully managing his opioid use disorder with methadone, a life-saving medication. Despite Jorge following his treatment plan, the family court repeatedly pressured him to lower or stop his methadone use, disregarding medical guidance. Methadone is internationally recognized, including by the World Health Organization, as an essential, evidence-based treatment for opioid use disorder. It has been shown to reduce the risk of fatal drug overdose by half.
“The scientific consensus is clear that methadone saves lives,” said Brendan Saloner, the Donald G. Millar Distinguished Professor of Alcohol and Addiction Studies at Brown University School of Public Health. “No judge should be in the position of dictating how long patients should stay on this treatment that allows them to have productive and healthy lives in our community.”
“It would be unimaginable for a court to terminate a parent’s rights because they use insulin to manage diabetes. But that’s exactly what happened here. Jorge’s parental rights were taken from him simply because he used a life-saving medication to treat his disability,” said Joseph Longley, staff attorney in the ACLU Disability Rights Program. “We need to be encouraging everyone who needs this care to get it, not punishing the brave people who get treatment for their disease.”
The brief argues that the family court ignored the Americans with Disabilities Act’s prohibition on discrimination against people in recovery from substance use disorder, including those using medications for opioid use disorder. The groups are urging the court to reverse the Family Court’s decision terminating Jorge’s parental rights.
“The court’s decision forced a parent with a disability into an impossible choice: in order to maintain his parental rights, stop taking his prescribed medication and risk relapse, overdose, and even death,” said Gabriella Larios, staff attorney at the New York Civil Liberties Union. “Methadone saves and improves the lives of people struggling with opioid use disorder, and New Yorkers suffering from this disease should not be discriminated against for using this FDA-approved medication. We urge the Appellate Division to reverse the lower court’s unfair decision and uphold the parental rights of people with substance use disorders.”
A copy of the brief can be found here.