The 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 introduces several provisions that require individuals involved in family law proceedings to be 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 insertions in the bill include the establishment of nondiscrimination clauses that explicitly state a parent's or prospective parent's disability cannot be a basis for denying participation in adoption or guardianship proceedings when it is in the child's best interests. Additionally, the bill mandates that courts provide written findings if they decide to limit a disabled parent's rights, explaining why supportive services are not considered a reasonable accommodation. The act is set to take effect on July 1, 2025.

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