The House Standing Committee on Families and Children recently heard discussion on Senate Bill 26, titled an act relating to parental rights. The legislation seeks to update Kentucky statute to ADA compliance. It will also prohibit the Cabinet for Health and Family Services from denying any placement or custody arrangement on the sole basis of the disability of the prospective caregiver.
Crystal Adams, Lead for the Division of Developmental and Intellectual Disabilities, said the team who developed this bill looked into national statistics regarding child placement and displacement.
“This report indicated that national removal rates where parents have a psychiatric disability were as high as 70-80%. National removal rates where parents have an intellectual disability were as high as 40-80%. And 13% of families with a parent with physical disability reported discriminatory treatment in custody cases,” said Adams.
Marcus Vanover, family court judge for Lincoln, Pulaski and Rockcastle counties, said he worked to draft this bill after learning about multiple cases where parents lost their children because there was not disability protection.
“The court of appeals then noted that mother involved in that case showed clear evidence that her disability did not diminish her love for her child, nor did it hinder her cooperation with the cabinet or prevent her from completing her case plan. However, again, under the law, termination was upheld because there wasn’t the statutory protection for the disability,” said Vanover.
The bill would apply to both biological and adoptive parents with disabilities and was brought forward after multiple cases of parents having their rights terminated only on the basis of disability. Advocates said all parents deserve the chance to love and care for their children, despite potential limitations. The bill passed the senate in mid-February with a vote of 37-0 and similarly passed the house committee with a vote of 15-0. It is expected to pass the house.