Rhode Island SB 56: AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT - PRESERVATION OF FAMILIES WITH DISABLED PARENT ACT (Precludes a parent's disability from serving as the sole basis for the state to institute an investigation of the disabled parent's family.)

Bill Text

2021 -- S 0056
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LC000314
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2021
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A N A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT - PRESERVATION OF FAMILIES
WITH DISABLED PARENT ACT
Introduced By: Senators DiPalma, Ruggerio, McCaffrey, de la Cruz, and Goodwin
Date Introduced: January 19, 2021
Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:
SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND 1
GOVERNMENT" is hereby amended by adding thereto the following chapter: 2
CHAPTER 72.12 3
PRESERVATION OF FAMILIES WITH DISABLED PARENT ACT 4
42-72.12-1. Findings. 5
The general assembly finds as follows: 6
(1) Individuals with disabilities continue to face unfair, preconceived, and unnecessary 7
societal biases, as well antiquated attitudes, regarding their ability to successfully parent their 8
children; 9
(2) Because of these societal biases and antiquated attitudes, new parents with disabilities 10
may be unnecessarily referred to hospital social workers or the department of children, youth and 11
families for evaluation of their ability to provide care or a safe environment based solely on their 12
disability; and 13
(3) Children may unnecessarily be denied the opportunity to enjoy the experience of living 14
in loving homes with parents with disabilities or other caretakers with disabilities. 15
42-72.12-2. Purpose. 16
The purpose of this chapter is to protect the best interests of children parented by 17
individuals with disabilities, or children who could be parented by individuals with disabilities 18

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through the establishment of procedural safeguards that require hospital, child protective services 1
and judicial staff, to be educated regarding the Americans with Disabilities Act and the procedural 2
and equal protection rights of parents with disabilities or prospective parents with disabilities in the 3
context of child welfare, foster care, family law and adoption considerations. 4
42-72.12-3. Rights of disabled parents. 5
(a) A parent or prospective parent's disability shall not be presumed to have a detrimental 6
impact on a child. 7
(b) A parent or prospective parent who has a disability must be treated on a case-by case-8
basis, consistent with facts and objective evidence and based on an individualized assessment of 9
the possible risk to the child's health and safety; 10
(c) A disability of a parent of a newborn child shall not serve as the sole basis of referral to 11
a hospital social worker for evaluation of parenting skills. 12
(d) A parent's disability shall not serve as the sole basis of a referral to the department of 13
children, youth and families by a hospital neonatal unit. 14
(e) A parent's disability shall not serve as the sole basis for denial or restriction of visitation 15
or custody in family or child welfare cases when the visitation or custody is determined to be 16
otherwise in the best interest of the child by the court. 17
(f) A prospective parent's disability shall not serve as the sole basis for their denial of 18
participation in public or private adoption when the adoption is determined to be otherwise in the 19
best interest of the child. 20
(g) An individual's disability shall not serve as the sole basis for denial of foster care or 21
guardianship, when the appointment is determined to be otherwise in the best interest of the child. 22
(h) The parent or prospective parent with a disability shall be entitled to supportive 23
parenting services and any other reasonable efforts to preserve the family unit, except in those cases 24
where reasonable efforts are not required under § 15-7-7. The family court may require that the 25
supportive parenting services be put in place, with an opportunity to review the need for 26
continuation of such service within a reasonable period of time. "Supportive parenting services" 27
means services that may assist a parent or prospective parent with a disability in the effective use 28
of techniques, technology, and other alternative methods to enable the parent or prospective parent 29
to have an equal opportunity to discharge parental responsibilities as successfully as a parent who 30
does not have disabilities. 31
(i) Provided however, nothing in this section shall impair the rights of the child, protective 32
agency, or the court to deny placement of or visitation with the child, of a parent or prospective 33
parent with a disability, if they pose a significant risk to the health and safety of the child, that 34

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cannot be eliminated by reasonable accommodations. 1
SECTION 2. Chapter 40-11 of the General Laws entitled "Abused and Neglected Children" 2
is hereby amended by adding thereto the following section: 3
40-11-19. Parents with disabilities. 4
The department shall investigate reports of child abuse and neglect as mandated in this 5
chapter. A parent's disability, as defined in §