Protecting the Rights of Parents and Prospective Parents with Disabilities: Technical Assistance for State and Local Child Welfare Agencies and Courts

6. Do Title II and Section 504 apply to private contractors of child welfare agencies and courts?

Answer:  Yes.  Title II prohibits discrimination in child welfare programs and services when those services are provided by contractors.⁶⁴  Section 504 prohibits discrimination in child welfare programs receiving federal financial assistance, including programs receiving federal financial assistance operated by private entities under contract with child welfare agencies.⁶⁵  Accordingly, to the extent that courts and agencies contract with private agencies and providers to conduct child welfare activities, the agencies should ensure that in the performance of their contractual duties contractors comply with the prohibition of discrimination in Title II and Section 504.⁶⁶

⁶⁴ See 28 C.F.R. § 35.130(b)(1), (3).

⁶⁵ 29 U.S.C. § 794(a); 45 C.F.R. §§ 84.3(h); 84.4(b)(1), (4).

⁶⁶ Private entities involved in child welfare activities may also be public accommodations with their own nondiscrimination obligations under Title III of the ADA.  See 42 U.S.C. §§ 12181-12189 (Title III of the ADA).