Bill > H1852

This bill aims to protect adults with disabilities from discrimination in family and juvenile court proceedings by establishing clear guidelines for how courts should consider a parent's disability when making decisions about custody, parenting time, guardianship, and parental rights. The bill defines key terms such as "adaptive parenting equipment" (tools that help parents with disabilities care for their children), "disability" (a physical or mental impairment that substantially limits major life activities, interpreted broadly in line with the Americans with Disabilities Act Amendments Act of 2008), and "supportive parenting services" (assistance like specialized training, adaptive equipment use, and accommodations that help parents with disabilities care for their children). Critically, the bill prohibits courts from automatically considering a parent's disability as a negative factor in legal proceedings, requiring instead that any disability-related concerns must be supported by clear and convincing evidence of a direct link between the disability and potential harm to the child, and that such harm cannot be mitigated through appropriate accommodations or supportive services. If a court does consider a parent's disability in making decisions, it must provide specific written findings explaining the connection between the disability and potential child harm, the impact on parental fitness, and whether adaptive equipment or supportive services could address any concerns. This legislation seeks to ensure that parents with disabilities are evaluated based on their actual parenting capabilities rather than stereotypes or assumptions about their disabilities.

Justice

https://malegislature.gov/Bills/194/H1852