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 outlines that individuals with disabilities often face societal biases that can negatively impact family law proceedings, leading to unnecessary separation from their children. To address this, the bill establishes procedural safeguards requiring those involved in family law to be knowledgeable about the Americans with Disabilities Act and the rights of parents with disabilities.

Key provisions of the bill include the requirement that if a parent's disability is alleged to have a detrimental impact on a child, the burden of proof lies with the party making the allegation. Courts must provide written findings if they decide to limit a disabled parent's rights, explaining why supportive parenting services are not a reasonable accommodation. Additionally, the bill ensures that a prospective parent's disability cannot be a basis for denying participation in adoption or guardianship processes, provided that the adoption or guardianship 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