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IN RE DOE

No. 24079.

60 P.3d 285 (2002)

100 Hawai`i 335

In the Interest of Jane DOE, Born on December 29, 1999, Minor.

Supreme Court of Hawai`i.

December 26, 2002.

Attorney(s) appearing for the Case

Joseph Dubiel, for Mother-Appellant.

Wilfred S. Tangonan, for Father-Appellant.

Susan Barr Brandon, Jay K. Goss, and Mary Ann Magnier, Deputy Attorneys General, for Department of Human Services-Appellee.

LEVINSON, NAKAYAMA, RAMIL, and ACOBA, JJ.; with MOON, C.J., Concurring Separately and Dissenting.

Opinion of the Court by ACOBA, J.

We hold that a parent's allegations of a violation of the Americans with Disability Act (ADA), 42 U.S.C. §§ 12131 through 12134, do not raise a defense in a proceeding to terminate parental rights under Hawai`i Revised Statute (HRS) § 587-73 (1993). However, Department of Human Services-Appellee (DHS) should provide "[e]very reasonable opportunity" to a parent to succeed in reuniting a family, HRS § 587-1 (1993...

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