H.1601/S.1037: An Act Prohibiting Discrimination Against Adults with Disabilities in Family and Juvenile Court Proceedings

Lead Sponsors: Rep. Kay Khan, Rep. Jay Livingstone, & Sen. Joan Lovely

Status Update: Currently in Judiciary Committee

Parents with disabilities, especially psychiatric or intellectual disabilities, lose custody or parenting time at alarming rates due to disability discrimination – while 6.7% of parents in the U.S. have a disability, families in which a parent has a disability are disproportionately involved in the child welfare system. Across the board, disabled parents are 22% more likely to have their parental rights terminated, and parents with psychiatric disabilities are 26 times more likely to have their children removed from their homes. Parents should not be denied the right to raise their children solely on the basis of their disability.

H.1601/S.1037 will require courts to use evidence, not assumptions, in order to determine if a parent's disability causes actual harm to a child. Courts will have to explain in writing if a parent's disability is a negative factor in custody and parenting time decisions and assess if the harm can be avoided with accommodations (like adaptive equipment or supportive services).

For more information, contact Samantha Fein at sfein@dpcma.org or 1 (617) 624-3277.