Vermont 2025-2026 Regular Session

Vermont House Bill H0315 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	BILL AS INTRODUCED H.315
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5	5	VT LEG #380391 v.1
6	6	H.315 1
7	7	Introduced by Representatives Casey of Montpelier and Krasnow of South 2
8	8	Burlington 3
9	9	Referred to Committee on 4
10	10	Date: 5
11	11	Subject: Domestic relations; parental rights and responsibilities 6
12	12	Statement of purpose of bill as introduced: This bill proposes to prohibit using 7
13	13	an individual’s disability as a reason to deny or restrict the rights and 8
14	14	responsibilities of a parent, prospective parent, foster parent, or guardian unless 9
15	15	doing so is in the best interests of the child. 10
16	16	An act relating to nondiscrimination concerning a parent with a disability 11
17	17	It is hereby enacted by the General Assembly of the State of Vermont: 12
18	18	Sec. 1. FINDINGS AND PURPOSE 13
19	19	(a) The General Assembly finds that: 14
20	20	(1) Individuals with a disability continue to face unfair, preconceived, 15
21	21	and unnecessary societal biases as well as antiquated attitudes regarding their 16
22	22	ability to successfully parent their children or to be successful foster parents. 17
23	23	(2) Individuals with a disability face these biases and preconceived 18
24	24	attitudes in family law proceedings where parental rights and responsibilities 19 BILL AS INTRODUCED H.315
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27	27
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29	29	are at stake and in public and private adoption, guardianship, and foster care 1
30	30	proceedings. 2
31	31	(3) Because of these biases and attitudes, children of individuals with a 3
32	32	disability may be unnecessarily removed from their parents’ care or be limited 4
33	33	in enjoying meaningful time with their parents. 5
34	34	(b) The purpose of this act is to protect the best interests of children 6
35	35	parented by individuals with a disability and children who could be parented 7
36	36	by individuals with a disability through the establishment of procedural 8
37	37	safeguards that require individuals working with the Agency of Human 9
38	38	Services and with the judicial system to be knowledgeable about the 10
39	39	Americans with Disabilities Act of 1990, 42 U.S.C. § 12101, and the 11
40	40	procedural and equal protection rights of parents with disabilities or 12
41	41	prospective parents with disabilities. 13
42	42	Sec. 2. 15 V.S.A. § 665b is added to read: 14
43	43	§ 665b. NONDISCRIMINATION; PARENT WITH A DISABILITY 15
44	44	(a) As used in this section: 16
45	45	(1) “Disability” with respect to an individual has the same meaning as in 17
46	46	9 V.S.A. § 4501. 18
47	47	(2) “Supportive parenting services” means services that may assist a 19
48	48	parent with a disability or prospective parent with a disability in the effective 20
49	49	use of nonvisual techniques, technology, and other alternative methods to 21 BILL AS INTRODUCED H.315
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53	53	VT LEG #380391 v.1
54	54	enable the parent to discharge parental responsibilities as successfully as a 1
55	55	parent who does not have a disability. 2
56	56	(b) A parent’s disability shall not serve as a basis for denial or restriction of 3
57	57	parental rights or responsibilities or parent-child contact when those rights, 4
58	58	responsibilities, and contact are determined to be otherwise in the best interests 5
59	59	of the child. 6
60	60	(c) Where a parent’s or prospective parent’s disability is alleged to have a 7
61	61	detrimental impact on a child, the party raising the allegation bears the burden 8
62	62	of proving by clear and convincing evidence that the behaviors are 9
63	63	endangering or will likely endanger the health, safety, or welfare of the child. 10
64	64	If this burden is met, the parent or prospective parent shall have the 11
65	65	opportunity to demonstrate how the implementation of supportive parenting 12
66	66	services can alleviate any concerns that have been raised. The court may 13
67	67	require that such supportive parenting services be put in place, with an 14
68	68	opportunity to review the need for continuation of such services within a 15
69	69	reasonable period of time. 16
70	70	(d) If the court determines that a disabled parent’s parental rights and 17
71	71	responsibilities or right to parent-child contact should be denied or limited in 18
72	72	any manner based on the parent’s disability, the court shall make specific 19
73	73	written findings stating the basis for such a determination and why the 20 BILL AS INTRODUCED H.315
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78	78	provision of supportive parenting services is not a reasonable accommodation 1
79	79	that must be made to prevent such denial or limitation. 2
80	80	Sec. 3. 15A V.S.A. § 1-102 is amended to read: 3
81	81	§ 1-102. WHO MAY ADOPT OR BE ADOPTED 4
82	82	(a) Subject to this title, any person may adopt or be adopted by another 5
83	83	person for the purpose of creating the relationship of parent and child between 6
84	84	them. 7
85	85	(b) If a family unit consists of a parent and the parent’s partner, and 8
86	86	adoption is in the best interests of the child, the partner of a parent may adopt a 9
87	87	child of the parent. Termination of the parent’s parental rights is unnecessary 10
88	88	in an adoption under this subsection. 11
89	89	(c) A prospective parent’s disability shall not serve as a basis for the 12
90	90	person’s denial of participation in public or private adoption when the adoption 13
91	91	is determined to be otherwise in the best interests of the child. If a court 14
92	92	determines that a disabled prospective parent’s petition to adopt a child should 15
93	93	be denied, the court shall make specific written findings stating the basis for 16
94	94	such a determination and why the provision of supportive parenting services is 17
95	95	not a reasonable accommodation that must be made to prevent such denial or 18
96	96	limitation. 19 BILL AS INTRODUCED H.315
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101	101	Sec. 4. 14 V.S.A. § 2628 is amended to read: 1
102	102	§ 2628. GUARDIANSHIP ORDER 2
103	103	(a) If the court grants a petition for guardianship of a child under 3
104	104	subsection 2626(d) or 2627(d) of this title, the court shall enter an order 4
105	105	establishing a guardianship and naming the proposed guardian as the child’s 5
106	106	guardian. 6
107	107	(b) A guardianship order issued under this section shall include provisions 7
108	108	addressing the following matters: 8
109	109	(1) the powers and duties of the guardian consistent with section 2629 of 9
110	110	this title; 10
111	111	(2) the expected duration of the guardianship, if known; 11
112	112	(3) a family plan on a form approved by the Court Administrator that: 12
113	113	(A) in a consensual case is consistent with the parties’ agreement; or 13
114	114	(B) in a nonconsensual case includes, at a minimum, provisions that 14
115	115	address parent-child contact consistent with section 2630 of this title; and 15
116	116	(4) the process for reviewing the order consistent with section 2631 of 16
117	117	this title. 17
118	118	(c) An individual’s disability shall not serve as a basis for denial of 18
119	119	guardianship of a child when the appointment is determined to be otherwise in 19
120	120	the best interests of the child. If a court determines that a disabled individual’s 20
121	121	appointment as a guardian should be denied or limited in any manner, the court 21 BILL AS INTRODUCED H.315
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126	126	shall make specific written findings stating the basis for such a determination 1
127	127	and why the provision of supportive services is not a reasonable 2
128	128	accommodation that must be made to prevent such denial or limitation. 3
129	129	Sec. 5. 33 V.S.A. § 101 is amended to read: 4
130	130	§ 101. POLICY 5
131	131	It is the policy of the State of Vermont that: 6
132	132	(1) Its social and child welfare programs shall provide assistance and 7
133	133	benefits to persons of the State in proven need thereof and eligible for such 8
134	134	assistance and benefits under the provisions of this title. 9
135	135	(2) It is the purpose of its social and child welfare laws to establish and 10
136	136	support programs that contribute to the prevention of dependency and social 11
137	137	maladjustment and contribute to the rehabilitation and protection of persons of 12
138	138	the State. 13
139	139	(3) Assistance and benefits shall be administered promptly, with due 14
140	140	regard for the preservation of family life, and without restriction of individual 15
141	141	rights or discrimination on account of race, religion, political affiliation, or 16
142	142	place of residence within the State. 17
143	143	(4) The Department and the Family and Probate Divisions of the 18
144	144	Superior Court shall comply with Section 504 of the Rehabilitation Act of 19
145	145	1973, 29 U.S.C. § 794, and the Fourteenth Amendment to the U.S. 20 BILL AS INTRODUCED H.315
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148	148
149	149	VT LEG #380391 v.1
150	150	Constitution, prior to taking any action pursuant to chapters 49–53 of this title 1
151	151	that could impact the parental rights of a person with a disability. 2
152	152	(5) Assistance and benefits shall be so administered as to maintain and 3
153	153	encourage dignity, self-respect, and self-reliance. It is the legislative intent 4
154	154	that assistance granted shall be adequate to maintain a reasonable standard of 5
155	155	health and decency based on current cost of living indices. Notwithstanding 6
156	156	this subdivision, the Department will amend rules that establish new maximum 7
157	157	Reach Up grant amounts only when the General Assembly has taken 8
158	158	affirmative action to increase or decrease the Reach Up financial assistance 9
159	159	appropriation. 10
160	160	(5)(6) The programs of the Department for Children and Families shall 11
161	161	be designed to strengthen family life for the care and protection of children; to 12
162	162	assist and encourage the use by any family of all available personal and 13
163	163	reasonable community resources to this end; and to provide substitute care of 14
164	164	children only when the family, with the use of available resources, is unable to 15
165	165	provide the necessary care and protection to ensure the right of any child to 16
166	166	sound health and to normal physical, mental, spiritual, and moral development. 17
167	167	Sec. 6. 33 V.S.A. § 4907 is added to read: 18
168	168	§ 4907. NONDISCRIMINATION 19
169	169	An individual’s disability shall not: 20 BILL AS INTRODUCED H.315
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174	174	(1) be presumed to have an adverse effect on the physical or emotional 1
175	175	well-being of a child; or 2
176	176	(2) serve as a basis for denial of foster care when the appointment is 3
177	177	determined to be otherwise in the best interests of the child. 4
178	178	Sec. 7. 33 V.S.A. § 5114 is amended to read: 5
179	179	§ 5114. BEST INTERESTS OF THE CHILD 6
180	180	(a) At the time of a permanency review under section 5321 of this title, a 7
181	181	modification hearing under section 5113 of this title, or at any time a petition 8
182	182	or request to terminate all residual parental rights of a parent without limitation 9
183	183	as to adoption is filed by the Commissioner or the attorney for the child, the 10
184	184	court shall consider the best interests of the child in accordance with the 11
185	185	following: 12
186	186	(1) the interaction and interrelationship of the child with his or her 13
187	187	parents, siblings, foster parents, if any, and any other person who may 14
188	188	significantly affect the child’s best interests; 15
189	189	(2) the child’s adjustment to his or her home, school, and community; 16
190	190	(3) the likelihood that the parent will be able to resume or assume 17
191	191	parental duties within a reasonable period of time; 18
192	192	(4) whether the parent has played and continues to play a constructive 19
193	193	role, including personal contact and demonstrated emotional support and 20
194	194	affection, in the child’s welfare; and 21 BILL AS INTRODUCED H.315
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199	199	(5) if the court determines that a disabled parent’s parental rights and 1
200	200	responsibilities should be terminated based on the parent’s disability, the court 2
201	201	shall make written findings stating the basis for the determination and why 3
202	202	providing supportive parenting services is not a reasonable accommodation to 4
203	203	prevent the termination of rights and responsibilities. 5
204	204	(b) Except in cases where a petition or request to terminate all residual 6
205	205	parental rights of a parent without limitation as to adoption is filed by the 7
206	206	Commissioner or the attorney for the child, the court shall also consider 8
207	207	whether the parent is capable of playing a constructive role, including 9
208	208	demonstrating emotional support and affection, in the child’s welfare. 10
209	209	Sec. 8. EFFECTIVE DATE 11
210	210	This act shall take effect on July 1, 2025. 12