2019 -- S 0702 | |
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LC001721 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2019 | |
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A N A C T | |
RELATING TO STATE AFFAIRS AND GOVERNMENT -- PRESERVATION OF FAMILIES | |
WITH DISABLED PARENT ACT | |
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Introduced By: Senators DiPalma, Miller, Conley, Seveney, and Euer | |
Date Introduced: March 21, 2019 | |
Referred To: Senate 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 72.12 |
4 | PRESERVATION OF FAMILIES WITH DISABLED PARENT ACT |
5 | 42-72.12-1. 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 antiquated attitudes regarding their ability to successfully parent their |
9 | children; |
10 | (2) Because of these societal biases and antiquated attitudes, new parents with disabilities |
11 | are unnecessarily referred to hospital social workers or department of children, youth and families |
12 | for evaluation of their ability to provide care or a safe environment based solely on their |
13 | disability; and |
14 | (3) Children may unnecessarily be denied the opportunity to enjoy the experience of |
15 | living in loving homes with parents with disabilities or other caretakers with disabilities. |
16 | 42-72.12-2. Purpose. |
17 | The purpose of this chapter is to protect the best interests of children parented by |
18 | individuals with disabilities, or children who could be parented by individuals with disabilities |
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1 | through the establishment of procedural safeguards that require adherence to the Americans with |
2 | Disabilities Act education of hospital, child protective services and judicial staff, and respect for |
3 | the process and equal protection rights of parents with disabilities or prospective parents with |
4 | disabilities in the context of child welfare, foster care, family law and adoption. |
5 | 42-72.12-3. Definitions. |
6 | When used in this chapter: |
7 | (1) "Disability" means a disability as defined in ยง 42-87-1. |
8 | (2) "Supportive parenting services" means services that may assist a parent or prospective |
9 | parent with a disability in the effective use of techniques, technology and other alternative |
10 | methods to enable the parent or prospective parent to discharge parental responsibilities as |
11 | successfully as a parent who does not have a disability. |
12 | 42-72.12-4. Rights of disabled parents. |
13 | (a) A disability of a parent of a new born child shall not serve as the basis of referral to a |
14 | hospital social worker for evaluation of parenting skills. |
15 | (b) A parent's disability shall not serve as the basis of a referral to the department of |
16 | children, youth and families by a hospital neonatal unit. |
17 | (c) A parent's disability shall not serve as a basis for denial or restriction of visitation or |
18 | custody in family or dependency law cases when the visitation or custody is determined to be |
19 | otherwise in the best interest of the child. |
20 | (d) A prospective parent's disability shall not serve as a basis for their denial of |
21 | participation in public or private adoption when the adoption is determined to be otherwise in the |
22 | best interest of the child. |
23 | (e) An individual's disability shall not serve as a basis for denial of foster care or |
24 | guardianship when the appointment is determined to be otherwise in the best interest of the child. |
25 | (f)(1) When a parent or prospective parent's disability is alleged to have a detrimental |
26 | impact on a child, the party raising the allegation bears the burden of proving by clear and |
27 | convincing evidence that the behaviors are endangering or will likely endanger the health, safety |
28 | or welfare of the child. |
29 | (2) If the burden of proof is met, the parent or prospective parent with a disability shall |
30 | have the opportunity to demonstrate how the implementation of supportive parenting services can |
31 | alleviate any concerns that have been raised. The family court may require that the supportive |
32 | parenting services be put in place, with an opportunity to review the need for continuation of such |
33 | service within a reasonable period of time. |
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1 | SECTION 2. This act shall take effect upon passage. |
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LC001721 | |
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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 ACT | |
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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. |
4 | This act would take effect upon passage. |
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LC001721 | |
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