In Re Anthony P.

The issue raised by this appeal is whether title II of the Americans with Disabilities Act ( 42 U.S.C. § 12131 et seq.) (the ADA) preempts a state from terminating the parental rights of gravely disabled persons. While no reported California case has addressed the issue, case authority from around the country has, without exception, held the answer is no. We agree and affirm the judgment.

Facts

Ngoc P. is a psychiatric patient being treated at Metropolitan State Hospital in Norwalk. First admitted to the facility more than eight years ago, she suffers from schizo-affective disorder. According to her treating physicians, she is unable to provide for her own basic needs, such as food, clothing and shelter. In addition, she engages in self-abusive behavior such as burning herself with cigarettes, lacks personal hygiene, engages in inappropriate sexual behavior (she trades “favors” with male patients for cigarettes), claims to hear voices, and aimlessly paces the unit. While her doctors have tried the latest medications, they say her prognosis is “very poor” and she will always remain in a locked facility.

Ngoc has a son, Anthony P., who is nine years old. He lives with…