How the ADA Can Help Parents of Troubled Teens

What does the Americans with Disabilities Act have to do with parenting my troubled teen you ask? The ADA protects against the discrimination of people with both physical and mental/emotional disabilities. If your troubled teen has received a Psychiatric diagnosis of any number of mental/emotional disorders he or she is covered under both the ADA and the IDEA, Individuals with Disabilities Education Act.

The provisions of the ADA are "intended to prohibit exclusion and segregation of individuals with disabilities and the denial of equal opportunities enjoyed by others, based on, among other things, presumptions, patronizing attitudes, fears, and stereotypes about individuals with disabilities." "The term 'disability' means, with respect to an individual... A physical or mental impairment that substantially limits one or more of the major life activities of such individual" (DEPARTMENT OF JUSTICE, Office of the Attorney General, 28 CFR PART 35, Nondiscrimination on the Basis of Disability in State and Local Government Services)

In theory, therefore, the same ADA mandates that cover the discrimination of children with physical disabilities also applies to children with mental/emotional disorders. Therefore, your school system is obliged by law to formulate an educational plan which would help you help your child learn. Your local Juvenile Justice system would be obliged to give access to locality based counseling services rather than just toss the child in detention without regard to treating the illness that lead to the trouble. Your insurance company would be obliged to cover the necessary mental health care and medication.

I say "in theory" because although the Americans with Disabilities Act is quite clear, there is an enormous social stigma associated with mental illness. This stigma often allows Insurance Companies to rationalize poor coverage of mental health care. This stigma often allows School Boards to rationalize their refusal of basic education rights to students with mental illnesses. This stigma allows people to rationalize their harrassment and ridicule of people with mental illnesses or their families. It is this same stigma that makes families reluctant to seek mental health care. So, while the ADA is quite clear on the matter of providing for people suffering from mental disorders, there are many stumbling blocks to the actual implementation of the law.

A teen diagnosed with ODD, Oppositional Defiant Disorder, or CD, Conduct Disorder, to name a few, needs consistent management by the "team". Parents of troubled teens who have not assembled a "team" must do so. The school, the teachers, the counselors, the parents, the physician, the probation officers, etc must all be part of the team and must all agree on a plan for helping the troubled teen. When the members of the team are in close contact, the teen is less able to manipulate the individual team members. When the teen attempts to manipulate, skips school or causes a disturbance in class, the team plan is in place to handle the problem and all team members are notified.

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