In the Interest of Doe

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 & Supp. 2001), particularly in establishing the steps necessary to reunite the family in the form of a service plan.1 See HRS 587-26 (1993; Supp.2001).…