In the Interest of Doe

Concurring and Dissenting Opinion of

MOON, C.J.

Although I concur with the result reached by the majority, I disagree with the majority’s overly broad holding that a parent’s allegations of a violation of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12131-12134, could never be raised as a defense in a proceeding to terminate parental rights. I also disagree with the majority’s decision to overrule In re Jane Doe, Born on February 2, 1999, 100 Hawai'i 20, 58 P.3d 78 (App.2002) (ICA opinion) and, in effect, to absolutely foreclose the possibility of raising an ADA defense in a…