Family court can be a nerve-wracking experience for any family, but for families with disabilities, they may worry about how the court will view their disability.
The American Bar Association reports that “parents with disabilities are at much higher risk of losing custody of their children than parents without disabilities.”
In this episode of Disabilities Beat, Emile Watkins speaks with Erie County’s new Family Court Judge, Judge Shannon Filbert, to discuss what people with disabilities should know about family court from her perspective as a judge with a disability. She analyzes misconceptions about family court, the role of disabilities in custody hearings, and areas for improvement in the family court system.
Plain Language Explanations: In this episode, we talk about what Family Court is like for parents and children with disabilities. Family Court judges hear cases related to custody, visitation, abuse, and adoption. We hear from new Family Court Judge Shannon Filbert, who has a physical disability. Shannon explains how Family Court works, what families with disabilities can expect in Family Court, and how Family Court can be improved for people with disabilities.
Transcript
Emile Watkins: Hello, I’m Emile Watkins, WBFO disability reporter. I recently spoke with Judge Shannon Filbert, the newest judge in Erie County’s Family Court. We spoke to her about what people with disabilities need to know about family court from her perspective as a judge with a disability. This interview has been edited for length and clarity.
Emile Watkins: Shannon, thank you so much for being here today.
Shannon Filbert: That’s correct.
Emile Watkins: For those who are unfamiliar with the Family Court or are new to the Family Court, can you tell us a little bit about what the Family Court is and what types of cases it handles?
Erie County’s newest Family Court Judge, Judge Shannon Filbert, talks about what people with disabilities need to know about Family Court from her perspective as a judge with a disability.
Shannon Philbert: I think family court touches everybody in some way because everybody has parents, everybody has a family. You don’t choose your family. Your family is your family. And family court touches everybody’s life in some way one way or another. We handle custody and visitation. We handle family crime claims, which can lead to protective orders. I handle Title 10 abuse and neglect cases specifically. And a lot of times the defendants are parents who have children who have been abused or neglected. So you see this cycle in family court. But as a judge, you have to be passionate and understand that there are many different types of families out there. And you have to be cognizant and empathetic, but also follow the law. So it’s a tightrope walk.
Emile Watkins: I want to talk a little bit about the challenges that people with disabilities face in the justice system. I know that as a judge, I am limited in what I can and cannot say, but I saw or read a statistic from the American Bar Association that said, “Parents with disabilities are at much higher risk of losing custody of their children than able-bodied parents.” It also said, “According to the Christopher and Dana Reeve Foundation, two-thirds of U.S. dependency laws allow courts to determine a parent is unfit because of a disability, 35 states include disability as a reason for termination of parental rights, and 10 states make disability the only reason for termination of parental rights, even in the absence of evidence of abuse or neglect. And in all states, a parent’s disability may be considered in determining the best interests of the child.” When I read that, I thought, there still seem to be significant barriers in the system for parents with disabilities.
Shannon Philbert: Absolutely. I don’t think New York is one of those states that you mentioned, and I know that we’re lucky not to be. But there is grounds for removal of parental rights. But it’s not automatic. I mean, you have to have a psychiatrist do various investigations. The psychiatrist has to testify that the children in your care are at risk of abuse and neglect, now and in the near future. So it’s not automatic. I sympathize with those states, and I hope that the laws change in the other 10 states that you mentioned. But New York is not one of those states, fortunately. I’m a judge with a disability, and I think the judges that are currently in Erie County Family Court are very understanding that a lot of families have intellectual disabilities, and sometimes it’s genetic, and it’s also physically disabling for the children. And they all understand that very well.
We all have classes on implicit bias. So I think it also makes them aware. And as you mentioned, having a disability doesn’t automatically make you abusive or neglectful of your child. But it’s one of the factors to consider when determining best interests. But I think New York state law recognizes that parents can be parents even if they have a disability. But is it possible that we’re going to see disproportionate cases in the system with parents and children who have disabilities? I wouldn’t be surprised, and I’ve probably seen it.
Emile Watkins: Why is that? Why are more and more families with disabilities taking advantage of the system?
Shannon Philbert: I don’t know. I’m not saying it’s definitive, but it seems like at least in abuse and neglect cases, a lot of the family members, the victim parents and the victim children, have some kind of disability. So it could be a variety of things. It could be cycles, it could be genetics, it could be that they tend to be handled by caseworkers who don’t know what services to provide. And also, a lot of times, family court wants to be preventative. They don’t want to take kids away from their home and everything they know. So maybe they just don’t have it. I actually don’t think there are appropriate parenting classes for certain parents who have disabilities, parents who don’t have disabilities but their children have disabilities. So I think there needs to be more customized classes or customized assistance around the specific issues that brought them to court. And sometimes it’s related to or caused by some disability. So I think that’s what’s missing in the system.
Emile Watkins: What advice would you give to families facing a disability who are involved in the family court process?
Shannon Philbert: It’s okay to let your attorney know. If you need some kind of accommodation to get into the building, it’s okay to confide in the judge or the judge’s law clerk. Accommodations are great. So don’t be afraid to confide in someone thinking that this is going to affect the outcome of your child custody case. Other than that, be upfront with your attorney. Even people who have had substance abuse issues in the past and may have some brain damage, we see a lot of those in Erie County Family Court. Or maybe they have intellectual disabilities because of a drug overdose or a coma. That doesn’t mean they can’t be a good parent. I think we all have to remember that. I believe the courts are doing a pretty good job in that regard, and I want to continue to do that.
Emile Watkins: Thank you so much, Shannon.
Shannon Philbert: You’re welcome. Thank you so much for having me. I appreciate it.
Emile Watkins: For more information about this talk and a transcript, please visit wbfo.org. I’m Emile Watkins, and thanks for listening.