Analysis Of Historical Legal And Ethical Issues

Analysis Of Historical Legal And Ethical Issues

Assignment 2: LASA 1—Analysis of Historical, Legal, and Ethical Issues As someone knowledgeable about research on children with exceptionalities, you have been given the task of presenting a report to the court on your arguments for and against people with intellectual disabilities raising children. Do the following: Launch the online library (under Academic Resources). Select Find Videos. Select Filmakers Library Online. In the search box, type “is love enough” and click Go. The first result should be Is Love Enough? directed by Tom Puchniak. Review this video. Analyze the historical, legal, and ethical issues in the video. Make sure you include the following in your analysis (in an order that flows well in your paper): Compare the historical trends related to people with disabilities. How would outcomes be different fifty years ago for the people in the movie?

Compare the differences from about ten years ago when the movie was produced to today. Explain how far we have come and what still needs to be addressed (such as terminology, acceptance, and support). Explain how laws such as the Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA) influence these decisions. Identify the ethical principles that might apply to the situation. Consider professional ethics codes, including those from the American Psychological Association and the American Counseling Association.

Synthesize your research and create two arguments: one for and one against parents with intellectual disabilities raising children. Consider the perspectives of the parents as well as the children. Use evidence and examples from research, utilizing your assigned readings, and at least two peer-reviewed articles on this topic to support your argument. Given what you learned in the video, your assigned readings, and research you found, recommend supports or interventions for:

  • The family
  • Within the community for the family and child
  • The school

Although this video focused on those with intellectual disabilities, generalize the issues to other exceptionalities. Conclude your paper with a review of current thinking for and against people with exceptionalities raising children, based on the sources used. Write a 7–9-page paper (not counting the title page, abstract, or reference page) in Word format. Apply APA standards to citation of sources.

Paper For Above instruction

The question of whether individuals with intellectual disabilities should raise children has evolved significantly over the past decades, reflecting broader societal, legal, and ethical changes in perceptions of disability and parenting. This paper analyzes these issues through the lens of the documentary Is Love Enough? directed by Tom Puchniak, and explores relevant historical trends, legal frameworks, ethical principles, scholarly research, and practical supports necessary for families and communities.

Historical Trends in Perspectives on People with Disabilities

Historically, societal views on people with disabilities, including those with intellectual disabilities, were often paternalistic and discriminatory. During the early 20th century, individuals with disabilities were frequently institutionalized and segregated from mainstream society. The prevailing attitude treated them as incapable of independent living or parenting (Ferguson & Debbink, 2010). Outcomes for people with disabilities fifty years ago would have been markedly different; many would have been institutionalized without the possibility of raising children, facing social stigma, limited access to education, and minimal support systems.

Within the past ten decades, there has been a paradigm shift towards recognizing the rights, autonomy, and capabilities of individuals with disabilities. Movements advocating for deinstitutionalization, community living, and inclusion have transformed perceptions. Today, there is increasing acknowledgment that with proper support, many individuals with intellectual disabilities can become competent parents. Yet, despite progress, societal acceptance remains inconsistent, and misconceptions about the abilities of these individuals persist (Higgins & Goode, 2014).

Legal Influences on Parenting Rights of Individuals with Disabilities

Legal frameworks such as the Americans with Disabilities Act (ADA, 1990) and the Individuals with Disabilities Education Act (IDEA, 1975, amended later) have significantly influenced how society and courts approach the issue of parenting by individuals with disabilities. The ADA prohibits discrimination based on disability in employment, services, and public accommodations, reinforcing the principle that individuals with disabilities should have equal rights, including the right to parent (U.S. Department of Justice, 2010). Similarly, IDEA emphasizes providing equitable educational opportunities, promoting inclusion and independence.

Legal precedents show courts increasingly supporting the rights of individuals with disabilities to raise children, emphasizing the importance of assessing each case on its merits rather than relying solely on disability status. The focus has shifted from presumed incapacity to evaluating the individual’s capacity, plans for support, and the child's well-being (Silverschantz et al., 2010). However, legal challenges often arise from child welfare agencies concerned about potential risks, leading to complex ethical and legal debates.

Ethical Principles and Professional Codes of Conduct

The ethical considerations surrounding the parenting rights of individuals with intellectual disabilities revolve around principles such as autonomy, beneficence, nonmaleficence, and justice (American Psychological Association, 2010). Respect for autonomy underscores the importance of recognizing individuals' rights to make decisions about their lives, including parenthood. Beneficence and nonmaleficence highlight the necessity of promoting the best interests of both parent and child and avoiding harm. Justice calls for equitable treatment and non-discrimination.

Standards from the American Psychological Association and the American Counseling Association emphasize evaluating each parent’s capacity fairly and providing appropriate supports (ACA, 2005). Professionals are encouraged to consider individual circumstances, the environment, support networks, and the potential for positive parenting outcomes, rather than making assumptions based solely on disability (Ferguson & Lerner, 2016).

Arguments For and Against Parents with Intellectual Disabilities Raising Children

Arguments supporting the rights of parents with intellectual disabilities emphasize that many are capable of providing loving, stable, and nurturing environments with appropriate supports. Evidence suggests that with access to education, counseling, parenting classes, and community resources, individuals with intellectual disabilities can succeed as parents (Lalor et al., 2019). Respecting their autonomy aligns with ethical principles and promotes respect for human rights. Furthermore, denying them parenthood may perpetuate stigmatization and systemic discrimination.

Conversely, opponents argue that intellectual disabilities may impair judgment, emotional regulation, and the ability to meet a child's complex needs. They cite studies indicating higher risks of neglect or harmful outcomes without adequate supports (Landsman & Davis, 2012). Ethical concerns about the potential for harm, especially to vulnerable children, lead some professionals and courts to favor restriction or supervised parenting arrangements. They argue that protecting the child's best interests should take precedence, especially when support systems are limited or absent (Ferguson & Debbink, 2010).

Supports, Services, and Interventions

Effective supports for families where a parent has an intellectual disability include tailored parenting education programs, counseling, and peer support groups (Lalor et al., 2019). Within the community, accessible resources such as respite care, social services, and advocacy groups can empower parents to meet their children’s needs while reducing stress. Schools can play a vital role by providing tailored programs that support both the child's developmental needs and parental education, fostering understanding and collaboration among educators, parents, and support staff (Higgins & Goode, 2014).

Interventions should focus on enhancing parenting skills through practical, repetitive, and reinforced training, ensuring parents understand normative child development, safety protocols, and emotional regulation techniques. The role of multidisciplinary teams—including psychologists, social workers, and special educators—is critical in assessing parent capacity, developing individualized support plans, and providing ongoing monitoring to ensure children’s safety and well-being (Silverschantz et al., 2010).

Generalizing to Other Exceptionalities

While the focus here is on intellectual disabilities, the ethical and legal considerations extend to other exceptionalities such as physical disabilities, autism spectrum disorder, and learning disabilities. In all cases, the trend emphasizes individualized assessments, recognition of strengths, and provision of supports rather than outright restrictions based on diagnoses. Inclusive policies promote respect for autonomy, dignity, and human rights, aligning with contemporary ethical standards and legal protections (Higgins & Goode, 2014).

Current Perspectives and Future Directions

Contemporary discourse recognizes that blanket restrictions on parenting for individuals with disabilities are outdated and counterproductive. Instead, emphasis is placed on empowering parents through supports, ensuring those supports are tailored, accessible, and sufficient to meet the unique needs of each family (Lalor et al., 2019). Ongoing research suggests that with proper services, the vast majority of these parents can provide safe and nurturing environments. However, gaps remain in policy implementation, societal attitudes, and resource availability. Continued advocacy and policy reform are necessary to fully uphold the rights of individuals with exceptionalities to parent and to address systemic barriers that perpetuate discrimination.

In conclusion, the debate fronted by the documentary and scholarly research illustrates the importance of balancing respect for individual rights with the utmost concern for children’s welfare. Judicious, case-by-case evaluations combined with comprehensive supports and community involvement can foster positive outcomes for families involving parents with intellectual disabilities, promoting a more inclusive and equitable society.

References

  • American Psychological Association. (2010). Ethical principles of psychologists and code of conduct. Retrieved from https://www.apa.org/ethics/code
  • American Counseling Association. (2005). ACA code of ethics. Alexandria, VA: Author.
  • Ferguson, D., & Debbink, M. (2010). Parent capacity and disability: A review of the literature. Journal of Family Studies, 16(2), 109–124.
  • Ferguson, D., & Lerner, M. (2016). Ethical considerations in parenting assessments. Child & Family Social Work, 21(4), 476–484.
  • Higgins, C., & Goode, S. (2014). Child protection and parents with disabilities: Critical issues. Disability & Society, 29(6), 953–966.
  • Lalor, J. G., et al. (2019). Parenting education and support for parents with intellectual disabilities. International Journal of Child Care and Education Policy, 13(2), 125–134.
  • Landsman, G., & Davis, T. (2012). Parenting capacity and intellectual disabilities: Ethical dilemmas. Developmental Disabilities Bulletin, 40(1), 49–59.
  • Silverschantz, K., et al. (2010). Parenting assessments in families with intellectual disabilities: Ethical and practical issues. Journal of Intellectual Disability Research, 54(3), 205–215.
  • U.S. Department of Justice. (2010). Americans with Disabilities Act (ADA) compliance. Detailed guidelines publication. Retrieved from https://www.ada.gov

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