2020 -- H 7295

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LC003543

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - PRESERVATION OF FAMILIES

WITH DISABLED PARENT ACT

     

     Introduced By: Representatives Cortvriend, Shekarchi, Craven, Bennett, and Canario

     Date Introduced: January 24, 2020

     Referred To: House 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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may be unnecessarily referred to hospital social workers or the department of children, youth and

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families 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 hospital, child protective services

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and judicial staff, to be educated regarding the Americans with Disabilities Act and the

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procedural 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 considerations.

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     42-72.12-3. Rights of disabled parents.

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     (a) A parent or prospective parent's disability shall not be presumed to have a detrimental

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impact on a child.

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     (b) A parent or prospective parent who has a disability must be treated on a case-by case-

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basis, consistent with facts and objective evidence and based on an individualized assessment of

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the possible risk to the child's health and safety;

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     (c) A disability of a parent of a newborn child shall not serve as the sole basis of referral

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to a hospital social worker for evaluation of parenting skills.

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     (d) A parent's disability shall not serve as the sole 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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     (e) A parent's disability shall not serve as the sole basis for denial or restriction of

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visitation or custody in family or child welfare cases when the visitation or custody is determined

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to be otherwise in the best interest of the child by the court.

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     (f) A prospective parent's disability shall not serve as the sole 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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     (g) An individual's disability shall not serve as the sole 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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     (h) The parent or prospective parent with a disability shall be entitled to supportive

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parenting services and any other reasonable efforts to preserve the family unit, except in those

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cases where reasonable efforts are not required under § 15-7-7. The family court may require that

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the supportive parenting services be put in place, with an opportunity to review the need for

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continuation of such service within a reasonable period of time. "Supportive parenting services"

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means services that may assist a parent or prospective parent with a disability in the effective use

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of techniques, technology, and other alternative methods to enable the parent or prospective

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parent to have an equal opportunity to discharge parental responsibilities as successfully as a

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parent who does not have disabilities.

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     (i) Provided however, nothing in this section shall impair the rights of the child,

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protective agency, or the court to deny placement of or visitation with the child, of a parent or

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prospective parent with a disability, if they pose a significant risk to the health and safety of the

 

LC003543 - Page 2 of 4

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child, that cannot be eliminated by reasonable accommodations.

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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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     40-11-19. 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 furnishing of supportive parenting services to

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address any impending or actual danger to the 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 possible child abuse or neglect

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

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threatened with harm.

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     This act would take effect upon passage.

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