2019 -- S 0702 SUBSTITUTE A

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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

     

     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:

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

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

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CHAPTER 72.12

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PRESERVATION OF FAMILIES WITH DISABLED PARENT ACT

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     42-72.12-1. Findings.

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     The general assembly finds as follows:

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

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

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children;

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     (2) Because of these societal biases and antiquated attitudes, new parents with disabilities

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are unnecessarily referred to hospital social workers or department of children, youth and families

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for evaluation of their ability to provide care or a safe environment based solely on their

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disability; and

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     (3) Children may unnecessarily be denied the opportunity to enjoy the experience of

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living in loving homes with parents with disabilities or other caretakers with disabilities.

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     42-72.12-2. Purpose.

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

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

 

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

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Disabilities Act education of hospital, child protective services and judicial staff, and respect for

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the process and equal protection rights of parents with disabilities or prospective parents with

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disabilities in the context of child welfare, foster care, family law and adoption.

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     42-72.12-3. Definitions.

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     When used in this chapter:

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

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

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

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

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successfully as a parent who does not have a disability.

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     42-72.12-4. Rights of disabled parents.

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     (a) A disability of a parent of a new born child shall not serve as the basis of referral to a

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hospital social worker for evaluation of parenting skills.

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     (b) A parent's disability shall not serve as the basis of a referral to the department of

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children, youth and families by a hospital neonatal unit.

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

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

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otherwise in the best interest of the child.

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

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

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best interest of the child.

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

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

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     (f)(1) When a parent or prospective parent's disability is alleged to have a detrimental

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

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

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or welfare of the child.

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

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

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

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

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service within a reasonable period of time.

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     SECTION 2. Chapter 40-11 of the General Laws entitled "Abused and Neglected

 

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Children" is hereby amended by adding thereto the following section:

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     40-11-15.1. Parents with disabilities.

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     The department shall investigate reports of child abuse and neglect as mandated in this

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chapter. A parent's disability, as defined in § 42-87-1, will not constitute sole grounds to initiate

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an investigation or a finding of child abuse or neglect; provided, that nothing in this section shall:

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     (1) Prevent a child from being considered abused or neglected if a child is harmed or

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threatened with harm as described in § 40-11-2; or

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     (2) Preclude the court from ordering the provision of supportive parenting services to

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address any impending or actual danger to a child.

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     SECTION 3. 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 ACT

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

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

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adoption. In addition, this act would prohibit an investigation of child abuse or neglect based

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solely on a parent's disability; unless the child is considered to be abused or neglected or

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threatened with harm.

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     This act would take effect upon passage.

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