2019 -- H 5809

========

LC002052

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

____________

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- PRESERVATION OF FAMILIES

WITH DISABLED PARENT

     

     Introduced By: Representatives Bennett, Diaz, Jacquard, Edwards, and Lima

     Date Introduced: March 06, 2019

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

1

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

2

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

3

CHAPTER 72.11

4

PRESERVATION OF FAMILIES WITH DISABLED PARENT ACT

5

     42-72.11-1. Findings.

6

     The general assembly finds as follows:

7

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

8

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

9

children;

10

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

11

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

12

adoption, guardianship, and foster care proceedings;

13

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

14

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

15

meaningful time with their parents; and

16

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

17

homes with parents with disabilities or other caretakers with disabilities.

18

     42-72.11-2. Purpose.

 

1

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

2

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

3

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

4

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

5

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

6

family law and adoption.

7

     42-72.11-3. Definitions.

8

     When used in this chapter:

9

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

10

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

11

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

12

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

13

successfully as a parent who does not have a disability.

14

     42-72.11-4. Rights of disabled parent.

15

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

16

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

17

otherwise in the best interest of the child.

18

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

19

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

20

the best interest of the child.

21

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

22

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

23

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

24

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

25

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

26

or welfare of the child.

27

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

28

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

29

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

30

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

31

within a reasonable period of time.

32

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

33

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

34

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

 

LC002052 - Page 2 of 4

1

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

2

such denial or limitation.

3

     SECTION 2. This act shall take effect upon passage.

========

LC002052

========

 

LC002052 - Page 3 of 4

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- PRESERVATION OF FAMILIES

WITH DISABLED PARENT

***

1

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

2

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

3

adoption without written findings by the family court.

4

     This act would take effect upon passage.

========

LC002052

========

 

LC002052 - Page 4 of 4