Disability alone could not cost Kentuckians parental rights, chance to adopt if bill becomes law
Family Court Judge Marcus Vanover addresses state Senate committee, Feb. 6, 2025. (KET screenshot)
FRANKFORT — With backing from the Kentucky Judicial Commission on Mental Health, a London Republican is seeking to ensure Kentuckians cannot have parental rights removed or adoption petitions denied solely based on disability.
Senate Bill 26, sponsored by Sen. Brandon Storm, R-London, passed the Judiciary Committee Thursday and is now on its way to the Senate floor.
The legislation 'ensures that disability alone cannot be the sole reason that an adoption petition is denied or that parental rights are terminated,' said Storm, who chairs the committee.
His bill defines a disability as 'a physical or mental impairment, whether congenital or acquired, that substantially limits one or more of the major life activities of an individual and is demonstrable by medically accepted clinical or laboratory diagnostic techniques.'
Family Court Judge Marcus Vanover, a member of Kentucky Judicial Commission on Mental Health (KJCMH) and chief circuit judge in Lincoln, Pulaski and Rockcastle counties, said cases involving these issues are difficult, and judges need more guidance.
'These cases all underscore the need for change in Kentucky to ensure that appropriate services are addressed in all cases, and that individuals with disabilities are not wrongfully discriminated against on the sole basis of that disability,' he told committee members.
A 2022 Kentucky Supreme Court order established the commission, which 'is charged with exploring, recommending and implementing transformational changes to improve system wide responses to justice-involved individuals experiencing mental health needs, substance use, and/or intellectual and developmental disabilities,' according to the Kentucky Court of Justice.
Crystal Adams, the director of the Division of Developmental and Intellectual Disabilities with the KJCMH, said Kentucky would join about 20 other states that have passed similar legislation if Storm's bill becomes law.
SB 26, she said, 'addresses critical issues faced by parents with disabilities in Kentucky, particularly within the adoption and parental rights termination process. It emphasizes the need for fair treatment and access to supportive services, reflecting Kentucky's commitment to maintaining family integrity and ensuring the best interest of children.'
The bill also requires the state to provide resources and support services to parents with disabilities, as well as thorough documentation of such cases, which Vanover said can help with transparency.
'This protection helps maintain stable family environments and minimizes unnecessary separations,' Vanover said of the bill. 'Children benefit from stable and loving homes, and parents with disabilities are capable of providing such environments.'
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