LOUISVILLE, Ky. — Kentucky legislators have introduced a bill they said will prevent forms of disability discrimination.
Senate Bill 26 was filed last week. Lawmakers said it will prevent termination of parental rights or denial of adoption solely based on a disability.
Lawmakers and the Commonwealth Council on Developmental Disabilities said there have been cases in Kentucky when a parent with a disability lost custody of a child solely because of their disability.
“It happens a lot more in divorces, and it also is a reason why people with disabilities don't have kids," said Justin Jeter, Commonwealth Council on Developmental Disabilities policy coordinator. "As far as how many times a parent has ... had their children taken away, the data isn't really well collected."
State Sen. Brandon Storm, R-London, introduced SB26, which prevents termination of parental rights or denial of adoption solely based on a disability. The Commonwealth Council on Developmental Disabilities said the bill is “strong."
“It does a great job at defining 'disability,' and it also puts in place a lot of safeguards,” Jeter said.
Storm said they want to make sure they strengthen parental obligations and rights to their children.
“What we've tried to do is tighten up the definitions and tighten up the protections for parents, because again, we want to make sure that the children are safe first and foremost and their best interest are protected,” Storm said.
The bill also said parents with disabilities can’t be disqualified from custody of a child until personalized adaptive services were tried in the home. Those services must be also documented.
“If there's ever an issue that comes up later on, we can go back and we can address that," Storm said. "We can look into the record and see what kind of services were offered to this family unit, this child primarily and how best to keep them safe."
The bill would further align Kentucky with the American with Disabilities Act.
“When 27 other states and every state around us, except for North Carolina, have passed laws like this, we're behind,” Jeter said
Storm said he isn’t anticipating any pushback on this bill.
Lawmakers will reconvene in February after a three-week break.