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 | |
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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: | |
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 | may be unnecessarily referred to hospital social workers or the department of children, youth and |
12 | families 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 hospital, child protective services |
2 | and judicial staff, to be educated regarding the Americans with Disabilities Act and the |
3 | procedural 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 considerations. |
5 | 42-72.12-3. Rights of disabled parents. |
6 | (a) A parent or prospective parent's disability shall not be presumed to have a detrimental |
7 | impact on a child. |
8 | (b) A parent or prospective parent who has a disability must be treated on a case-by case- |
9 | basis, consistent with facts and objective evidence and based on an individualized assessment of |
10 | the possible risk to the child's health and safety; |
11 | (c) A disability of a parent of a newborn child shall not serve as the sole basis of referral |
12 | to a hospital social worker for evaluation of parenting skills. |
13 | (d) A parent's disability shall not serve as the sole basis of a referral to the department of |
14 | children, youth and families by a hospital neonatal unit. |
15 | (e) A parent's disability shall not serve as the sole basis for denial or restriction of |
16 | visitation or custody in family or child welfare cases when the visitation or custody is determined |
17 | to be otherwise in the best interest of the child by the court. |
18 | (f) A prospective parent's disability shall not serve as the sole basis for their denial of |
19 | participation in public or private adoption when the adoption is determined to be otherwise in the |
20 | best interest of the child. |
21 | (g) An individual's disability shall not serve as the sole 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 | (h) The parent or prospective parent with a disability shall be entitled to supportive |
24 | parenting services and any other reasonable efforts to preserve the family unit, except in those |
25 | cases where reasonable efforts are not required under § 15-7-7. The family court may require that |
26 | the supportive parenting services be put in place, with an opportunity to review the need for |
27 | continuation of such service within a reasonable period of time. "Supportive parenting services" |
28 | means services that may assist a parent or prospective parent with a disability in the effective use |
29 | of techniques, technology, and other alternative methods to enable the parent or prospective |
30 | parent to have an equal opportunity to discharge parental responsibilities as successfully as a |
31 | parent who does not have disabilities. |
32 | (i) Provided however, nothing in this section shall impair the rights of the child, |
33 | protective agency, or the court to deny placement of or visitation with the child, of a parent or |
34 | prospective parent with a disability, if they pose a significant risk to the health and safety of the |
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1 | child, that cannot be eliminated by reasonable accommodations. |
2 | SECTION 2. Chapter 40-11 of the General Laws entitled "Abused and Neglected |
3 | Children" is hereby amended by adding thereto the following section: |
4 | 40-11-19. Parents with disabilities. |
5 | The department shall investigate reports of child abuse and neglect as mandated in this |
6 | chapter. A parent's disability, as defined in § 42-87-1, will not constitute sole grounds to initiate |
7 | an investigation or a finding of child abuse or neglect; provided, that nothing in this section shall: |
8 | (1) Prevent a child from being considered abused or neglected if a child is harmed or |
9 | threatened with harm as described in § 40-11-2; or |
10 | (2) Preclude the court from ordering the furnishing of supportive parenting services to |
11 | address any impending or actual danger to the child. |
12 | 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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1 | This act would preclude the disability of a parent from serving as the sole basis for denial |
2 | or restriction in matters involving a child's welfare, foster care, family law, guardianship and |
3 | adoption. In addition, this act would prohibit an investigation of possible child abuse or neglect |
4 | based solely on a parent's disability, unless the child is considered to be abused, neglected or |
5 | threatened with harm. |
6 | This act would take effect upon passage. |
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