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 legislation introduces several provisions that require courts and agencies to consider the best interests of the child while ensuring that individuals with disabilities are not discriminated against in family law proceedings, including adoption, guardianship, and foster care. Key provisions include the requirement for courts to provide written findings when denying parental rights based on disability and the establishment of supportive parenting services to assist parents with disabilities in fulfilling their responsibilities.

Additionally, the bill emphasizes the need for individuals working within the judicial system and the Agency of Human Services to be knowledgeable about the Americans with Disabilities Act and the rights of parents with disabilities. It also includes specific language that states an individual's disability cannot be presumed to adversely affect a child's well-being or serve as a basis for denying foster care when it is in the child's best interests. The act is set to take effect on July 1, 2025.

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