The proposed bill H.315 aims to protect the parental rights of individuals with disabilities by prohibiting the use of a parent's disability as a reason to deny or restrict their rights and responsibilities, unless it is determined to be in the best interests of the child. The bill emphasizes the need for procedural safeguards to ensure that individuals involved in family law proceedings are knowledgeable about the Americans with Disabilities Act and the rights of parents with disabilities. It establishes that if a parent's disability is alleged to negatively impact a child, the burden of proof lies with the party making the allegation, and the court must consider supportive parenting services as a reasonable accommodation before making any determinations regarding parental rights.

Key provisions of the bill include the addition of nondiscrimination clauses in various sections of Vermont law, stating that a parent's or prospective parent's disability cannot be a basis for denying adoption or guardianship when it is in the child's best interests. The bill also requires courts to provide written findings if they decide to limit or deny parental rights based on a disability, explaining why supportive services are not a reasonable accommodation. The act is set to take effect on July 1, 2025.

Statutes affected:
As Introduced: 14-2628, 33-101, 33-5114