Assessments, assumptions and ableism: Examining court-ordered parenting capacity assessments of parents with intellectual disability and cognitive difficulties

Abstract

This article investigates the role of court-ordered parenting capacity assessments in child protection cases, specifically for parents with intellectual disabilities or cognitive impairments. The study examines 20 assessment orders from the Children’s Court of New South Wales, Australia, alongside corresponding clinician reports, revealing systemic issues in how cognitive impairment and intellectual disabilities are perceived as risk factors for child removal. Domestic and family violence is identified as one of several protective concerns often present in these cases; approximately 30% of assessments involved domestic violence as a risk factor, alongside mental health and substance abuse concerns. Clinicians often assess parents in binary terms—either “able with support” or “unable” to provide adequate care—limiting nuanced understanding and intervention in cases of child protection. Misconceptions among caseworkers, such as equating intellectual disability with parenting incapacity or assuming that cognitive difficulties increase risks of remaining in violent relationships, contribute to biased decision-making that affects family outcomes. <br><br> The authors argue that these assessments often rely heavily on IQ scores and standardised tests, despite limited evidence that IQ alone predicts parenting capacity. The report urges a shift towards strength-based assessments, noting that existing practices disproportionately penalise parents with cognitive difficulties, which can lead to unjustified family separations. Recommendations include promoting equitable assessment processes, improving the understanding of cognitive impairment in child protection systems, and implementing supportive, non-punitive measures that respect the rights of parents with intellectual disabilities. This study contributes to broader discussions on ableism in child protection systems and the importance of tailored, fair assessments that recognise parents' unique capacities and challenges.