2017 -- H 5395

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- PRESERVATION OF FAMILIES

WITH DISABLED PARENT

     Introduced By: Representatives Nardolillo, Vella-Wilkinson, Lima, Mendonca, and
Roberts

     Date Introduced: February 03, 2017

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND

GOVERNMENT" is hereby amended by adding thereto the following chapter:

CHAPTER 72.11

PRESERVATION OF FAMILIES WITH DISABLED PARENT ACT

     42-72.11-1. Findings.

     The general assembly finds as follows:

     (1) Individuals with disabilities continue to face unfair, preconceived, and unnecessary

societal biases as well as antiquated attitudes regarding their ability to successfully parent their

children;

     (2) Individuals with disabilities face these biases and preconceived attitudes in family and

dependency law proceedings where custody and visitation are at stake and in public and private

adoption, guardianship, and foster care proceedings;

     (3) Because of these societal biases and antiquated attitudes, children of parents with

disabilities are unnecessarily removed from their parents' care or restricted from enjoying

meaningful time with their parents; and

     (4) Children are being denied the opportunity to enjoy the experience of living in loving

homes with parents with disabilities or other caretakers with disabilities.

     42-72.11-2. Purpose.

     The purpose of this chapter is to protect the best interests of children parented by

individuals with disabilities, or children who could be parented by individuals with disabilities

through the establishment of procedural safeguards that require adherence to the Americans with

Disabilities Act, and respect for the due process and equal protection rights of parents with

disabilities or prospective parents with disabilities in the context of child welfare, foster care,

family law and adoption.

     42-72.11-3. Definitions.

     When used in this chapter:

     (1) "Disability" means a disability as defined in §42-87-1.

     (2) "Supportive parenting services" means services that may assist a parent or prospective

parent with a disability in the effective use of techniques, technology and other alternative

methods to enable the parent or prospective parent to discharge parental responsibilities as

successfully as a parent who does not have a disability.

     42-72.11-4. Rights of disabled parent.

     (a) A parent's disability shall not serve as a basis for denial or restriction of visitation or

custody in family or dependency law cases when the visitation or custody is determined to be

otherwise in the best interest of the child.

     (b) A prospective parent's disability shall not serve as a basis for their denial of

participation in a public or private adoption when the adoption is determined to be otherwise in

the best interest of the child.

     (c) An individual's disability shall not serve as a basis for denial of foster care or

guardianship when the appointment is determined to be otherwise in the best interest of the child.

     (d)(1) Where a parent or prospective parent's disability is alleged to have a detrimental

impact on a child, the party raising the allegation bears the burden of proving by clear and

convincing evidence that the behaviors are endangering or will likely endanger the health, safety

or welfare of the child.

     (2) If this burden is met, the parent or prospective parent with a disability shall have the

opportunity to demonstrate how the implementation of supportive parenting services can alleviate

any concerns that have been raised. The family court may require that the supportive parenting

services be put in place, with an opportunity to review the need for continuation of such services

within a reasonable period of time.

     (3) If the court determines that a parent's right to custody, visitation, foster care,

guardianship, or adoption should be denied or limited in any manner, the court shall make

specific written findings stating the basis for the a determination, and why the provision of

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supportive parenting services is not a reasonable accommodation that must be made to prevent

such denial or limitation.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- PRESERVATION OF FAMILIES

WITH DISABLED PARENT

***

     This act would preclude the disability of a parent from serving as a basis for denial or

restriction in matters involving a child's welfare, foster care, family law, guardianship and

adoption without written findings by the family court.

     This act would take effect upon passage.

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