Vermont H 315: An act relating to COVID-19 relief

Bill Text

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VT LEG #380391 v.1
H.315 1
Introduced by Representatives Casey of Montpelier and Krasnow of South 2
Burlington 3
Referred to Committee on 4
Date: 5
Subject: Domestic relations; parental rights and responsibilities 6
Statement of purpose of bill as introduced: This bill proposes to prohibit using 7
an individual’s disability as a reason to deny or restrict the rights and 8
responsibilities of a parent, prospective parent, foster parent, or guardian unless 9
doing so is in the best interests of the child. 10
An act relating to nondiscrimination concerning a parent with a disability 11
It is hereby enacted by the General Assembly of the State of Vermont: 12
Sec. 1. FINDINGS AND PURPOSE 13
(a) The General Assembly finds that: 14
(1) Individuals with a disability continue to face unfair, preconceived, 15
and unnecessary societal biases as well as antiquated attitudes regarding their 16
ability to successfully parent their children or to be successful foster parents. 17
(2) Individuals with a disability face these biases and preconceived 18
attitudes in family law proceedings where parental rights and responsibilities 19

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are at stake and in public and private adoption, guardianship, and foster care 1
proceedings. 2
(3) Because of these biases and attitudes, children of individuals with a 3
disability may be unnecessarily removed from their parents’ care or be limited 4
in enjoying meaningful time with their parents. 5
(b) The purpose of this act is to protect the best interests of children 6
parented by individuals with a disability and children who could be parented 7
by individuals with a disability through the establishment of procedural 8
safeguards that require individuals working with the Agency of Human 9
Services and with the judicial system to be knowledgeable about the 10
Americans with Disabilities Act of 1990, 42 U.S.C. § 12101, and the 11
procedural and equal protection rights of parents with disabilities or 12
prospective parents with disabilities. 13
Sec. 2. 15 V.S.A. § 665b is added to read: 14
§ 665b. NONDISCRIMINATION; PARENT WITH A DISABILITY 15
(a) As used in this section: 16
(1) “Disability” with respect to an individual has the same meaning as in 17
9 V.S.A. § 4501. 18
(2) “Supportive parenting services” means services that may assist a 19
parent with a disability or prospective parent with a disability in the effective 20
use of nonvisual techniques, technology, and other alternative methods to 21

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enable the parent to discharge parental responsibilities as successfully as a 1
parent who does not have a disability. 2
(b) A parent’s disability shall not serve as a basis for denial or restriction of 3
parental rights or responsibilities or parent-child contact when those rights, 4
responsibilities, and contact are determined to be otherwise in the best interests 5
of the child. 6
(c) Where a parent’s or prospective parent’s disability is alleged to have a 7
detrimental impact on a child, the party raising the allegation bears the burden 8
of proving by clear and convincing evidence that the behaviors are 9
endangering or will likely endanger the health, safety, or welfare of the child. 10
If this burden is met, the parent or prospective parent shall have the 11
opportunity to demonstrate how the implementation of supportive parenting 12
services can alleviate any concerns that have been raised. The court may 13
require that such supportive parenting services be put in place, with an 14
opportunity to review the need for continuation of such services within a 15
reasonable period of time. 16
(d) If the court determines that a disabled parent’s parental rights and 17
responsibilities or right to parent-child contact should be denied or limited in 18
any manner based on the parent’s disability, the court shall make specific 19
written findings stating the basis for such a determination and why the 20

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provision of supportive parenting services is not a reasonable accommodation 1
that must be made to prevent such denial or limitation. 2
Sec. 3. 15A V.S.A. § 1-102 is amended to read: 3
§ 1-102. WHO MAY ADOPT OR BE ADOPTED 4
(a) Subject to this title, any person may adopt or be adopted by another 5
person for the purpose of creating the relationship of parent and child between 6
them. 7
(b) If a family unit consists of a parent and the parent’s partner, and 8
adoption is in the best interests of the child, the partner of a parent may adopt a 9
child of the parent. Termination of the parent’s parental rights is unnecessary 10
in an adoption under this subsection. 11
(c) A prospective parent’s disability shall not serve as a basis for the 12
person’s denial of participation in public or private adoption when the adoption 13
is determined to be otherwise in the best interests