Section 24-34-805 - Family preservation safeguards for families that include a parent with a disability - protections - legislative declaration - definitions(1)(a) The general assembly finds and declares that:(I) Persons with disabilities continue to face unfair, preconceived, and unnecessary societal biases, as well as antiquated attitudes, regarding their ability to successfully parent their children;(II) Persons with disabilities have faced these biases and preconceived attitudes in family and dependency law proceedings concerning parental responsibilities and parenting time decisions, public and private adoptions, guardianship, and foster care;(III) Because of these societal biases and antiquated attitudes, children of persons with disabilities historically have been vulnerable to unnecessary removal from one or both of their parents' care or are restricted from enjoying meaningful time with one or both parents; and(IV) Children have been denied the opportunity to enjoy the experience of living in loving homes with a parent or parents with a disability or other caretakers with a disability.(b) Therefore, the general assembly declares that to protect the best interests of children who are parented by persons with disabilities or children who could be parented by persons with disabilities:(I) Procedural safeguards are required in adherence to the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations; and(II) It is necessary to have respect for the due process and equal protection rights of parents and prospective parents with disabilities in the context of child welfare, foster care, family law, guardianship, and adoption.(2) Achieving the goal of family preservation for a parent or prospective parent with a disability includes the following requirements:(a) A parent's disability alone must not serve as a basis for denial or restriction of parenting time or parental responsibilities in:(I) A domestic law proceeding pursuant to title 14, without a clear nexus to the parent's ability to meet the needs of the child;(II) A minor guardianship proceeding pursuant to title 15, without a clear nexus to the parent's ability to meet the needs of the child; or(III) A dependency and neglect proceeding pursuant to title 19, except when it impacts the health or welfare of a child;(b) A prospective adoptive parent's disability alone must not serve as a basis for the denial of his or her participation in a public or private adoption pursuant to article 5 of title 19 unless it would impact the health or welfare of a child;(c) An individual's disability alone must not serve as a basis for the denial of temporary custody or foster care of a minor, except when it impacts the health or welfare of a child;(d) In a case brought pursuant to title 14, a minor guardianship proceeding pursuant to title 15, or article 4 of title 19: (I) Where a parent's or prospective guardian's disability is alleged to have a detrimental impact on a child, the party raising the allegation bears the burden of proving, by a preponderance of the evidence, that the behavior or behaviors of the parent or prospective parent are contrary to the child's best interest; and(II) If the burden of proof required pursuant to subsection (2)(d)(I) of this section is met, the parent or prospective guardian with a disability must be given the opportunity to demonstrate how the implementation of supportive parenting services can alleviate any concerns that have been raised. The court may require that such supportive parenting services be provided or implemented, given the resources of the family, with an opportunity to review the need for continuation of such services within a reasonable period of time.(e) In a dependency and neglect case brought pursuant to title 19, when a respondent parent's disability is alleged to impact the health or welfare of a child, the court shall find whether reasonable accommodations and modifications, as required by the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations, were provided to avoid nonemergency removal on the basis of disability.(f) In a case brought pursuant to title 14, a minor guardianship proceeding pursuant to title 15, or articles 4 and 5 of title 19, if a court determines that the right of a parent or prospective guardian with a disability to parenting time, parental responsibilities, guardianship, or adoption should be denied, restricted, or conditioned in any manner, the court shall make specific findings of fact and law stating the basis for such a determination and why the provision of supportive parenting services is not a reasonable accommodation or remedy to prevent the denial or limitation.(3) As used in this section, unless the context otherwise requires: (a) "Disability" has the same meaning as set forth in the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations.(b) "Supportive parenting services" means the provision of reasonable accommodations and modifications as set forth in the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations, and are directly related to a disability and that enable a parent with a disability to safely fulfill parental responsibilities.(4) The short title of this section is the "Carrie Ann Lucas Parental Rights for People with Disabilities Act".Amended by 2021 Ch. 60, § 1, eff. 9/7/2021.Added by 2018 Ch. 164, § 1, eff. 4/25/2018.L. 2018: Entire section added, (HB 18-1104), ch. 1131, p. 1131, § 1, effective April 25.