In the Interests of K.C. (N.D. v State)

N.D. appealed the termination of her parental rights arguing the state had failed to accommodate her disabilities in the reunification services as required by the Americans with Disabilities Act. The Court affirmed. It first held that the Act applied as reunification services are services and a reunification pan is a program under the Act. It acknowledged a split of authority but held Utah’s approach focuses on parents as well as children and money damages after the fact does not properly serve the interests of parents. It next held that he Act can be raised during the termination hearing though this may impact the merits of the defense. It finally held that the district court did not error in finding that N.D. had received reasonable accommodations such as extra counseling sessions and additional time to complete tasks and there was sufficient evidence that additional time would not have resulted in reunification here. Thus termination in this case complied with the Act.