BILL AS INTRODUCED H.315
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H.315 1
Introduced by Representatives Casey of Montpelier and Krasnow of South 2
Burlington 3
Referred to Committee on 4
Date: 5
Subject: Domestic relations; parental rights and responsibilities 6
Statement of purpose of bill as introduced: This bill proposes to prohibit using 7
an individual’s disability as a reason to deny or restrict the rights and 8
responsibilities of a parent, prospective parent, foster parent, or guardian unless 9
doing so is in the best interests of the child. 10
An act relating to nondiscrimination concerning a parent with a disability 11
It is hereby enacted by the General Assembly of the State of Vermont: 12
Sec. 1. FINDINGS AND PURPOSE 13
(a) The General Assembly finds that: 14
(1) Individuals with a disability continue to face unfair, preconceived, 15
and unnecessary societal biases as well as antiquated attitudes regarding their 16
ability to successfully parent their children or to be successful foster parents. 17
(2) Individuals with a disability face these biases and preconceived 18
attitudes in family law proceedings where parental rights and responsibilities 19 BILL AS INTRODUCED H.315
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are at stake and in public and private adoption, guardianship, and foster care 1
proceedings. 2
(3) Because of these biases and attitudes, children of individuals with a 3
disability may be unnecessarily removed from their parents’ care or be limited 4
in enjoying meaningful time with their parents. 5
(b) The purpose of this act is to protect the best interests of children 6
parented by individuals with a disability and children who could be parented 7
by individuals with a disability through the establishment of procedural 8
safeguards that require individuals working with the Agency of Human 9
Services and with the judicial system to be knowledgeable about the 10
Americans with Disabilities Act of 1990, 42 U.S.C. § 12101, and the 11
procedural and equal protection rights of parents with disabilities or 12
prospective parents with disabilities. 13
Sec. 2. 15 V.S.A. § 665b is added to read: 14
§ 665b. NONDISCRIMINATION; PARENT WITH A DISABILITY 15
(a) As used in this section: 16
(1) “Disability” with respect to an individual has the same meaning as in 17
9 V.S.A. § 4501. 18
(2) “Supportive parenting services” means services that may assist a 19
parent with a disability or prospective parent with a disability in the effective 20
use of nonvisual techniques, technology, and other alternative methods to 21 BILL AS INTRODUCED H.315
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enable the parent to discharge parental responsibilities as successfully as a 1
parent who does not have a disability. 2
(b) A parent’s disability shall not serve as a basis for denial or restriction of 3
parental rights or responsibilities or parent-child contact when those rights, 4
responsibilities, and contact are determined to be otherwise in the best interests 5
of the child. 6
(c) Where a parent’s or prospective parent’s disability is alleged to have a 7
detrimental impact on a child, the party raising the allegation bears the burden 8
of proving by clear and convincing evidence that the behaviors are 9
endangering or will likely endanger the health, safety, or welfare of the child. 10
If this burden is met, the parent or prospective parent shall have the 11
opportunity to demonstrate how the implementation of supportive parenting 12
services can alleviate any concerns that have been raised. The court may 13
require that such supportive parenting services be put in place, with an 14
opportunity to review the need for continuation of such services within a 15
reasonable period of time. 16
(d) If the court determines that a disabled parent’s parental rights and 17
responsibilities or right to parent-child contact should be denied or limited in 18
any manner based on the parent’s disability, the court shall make specific 19
written findings stating the basis for such a determination and why the 20 BILL AS INTRODUCED H.315
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provision of supportive parenting services is not a reasonable accommodation 1
that must be made to prevent such denial or limitation. 2
Sec. 3. 15A V.S.A. § 1-102 is amended to read: 3
§ 1-102. WHO MAY ADOPT OR BE ADOPTED 4
(a) Subject to this title, any person may adopt or be adopted by another 5
person for the purpose of creating the relationship of parent and child between 6
them. 7
(b) If a family unit consists of a parent and the parent’s partner, and 8
adoption is in the best interests of the child, the partner of a parent may adopt a 9
child of the parent. Termination of the parent’s parental rights is unnecessary 10
in an adoption under this subsection. 11
(c) A prospective parent’s disability shall not serve as a basis for the 12
person’s denial of participation in public or private adoption when the adoption 13
is determined to be otherwise in the best interests of the child. If a court 14
determines that a disabled prospective parent’s petition to adopt a child should 15
be denied, the court shall make specific written findings stating the basis for 16
such a determination and why the provision of supportive parenting services is 17
not a reasonable accommodation that must be made to prevent such denial or 18
limitation. 19 BILL AS INTRODUCED H.315
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Sec. 4. 14 V.S.A. § 2628 is amended to read: 1
§ 2628. GUARDIANSHIP ORDER 2
(a) If the court grants a petition for guardianship of a child under 3
subsection 2626(d) or 2627(d) of this title, the court shall enter an order 4
establishing a guardianship and naming the proposed guardian as the child’s 5
guardian. 6
(b) A guardianship order issued under this section shall include provisions 7
addressing the following matters: 8
(1) the powers and duties of the guardian consistent with section 2629 of 9
this title; 10
(2) the expected duration of the guardianship, if known; 11
(3) a family plan on a form approved by the Court Administrator that: 12
(A) in a consensual case is consistent with the parties’ agreement; or 13
(B) in a nonconsensual case includes, at a minimum, provisions that 14
address parent-child contact consistent with section 2630 of this title; and 15
(4) the process for reviewing the order consistent with section 2631 of 16
this title. 17
(c) An individual’s disability shall not serve as a basis for denial of 18
guardianship of a child when the appointment is determined to be otherwise in 19
the best interests of the child. If a court determines that a disabled individual’s 20
appointment as a guardian should be denied or limited in any manner, the court 21 BILL AS INTRODUCED H.315
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shall make specific written findings stating the basis for such a determination 1
and why the provision of supportive services is not a reasonable 2
accommodation that must be made to prevent such denial or limitation. 3
Sec. 5. 33 V.S.A. § 101 is amended to read: 4
§ 101. POLICY 5
It is the policy of the State of Vermont that: 6
(1) Its social and child welfare programs shall provide assistance and 7
benefits to persons of the State in proven need thereof and eligible for such 8
assistance and benefits under the provisions of this title. 9
(2) It is the purpose of its social and child welfare laws to establish and 10
support programs that contribute to the prevention of dependency and social 11
maladjustment and contribute to the rehabilitation and protection of persons of 12
the State. 13
(3) Assistance and benefits shall be administered promptly, with due 14
regard for the preservation of family life, and without restriction of individual 15
rights or discrimination on account of race, religion, political affiliation, or 16
place of residence within the State. 17
(4) The Department and the Family and Probate Divisions of the 18
Superior Court shall comply with Section 504 of the Rehabilitation Act of 19
1973, 29 U.S.C. § 794, and the Fourteenth Amendment to the U.S. 20 BILL AS INTRODUCED H.315
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Constitution, prior to taking any action pursuant to chapters 49–53 of this title 1
that could impact the parental rights of a person with a disability. 2
(5) Assistance and benefits shall be so administered as to maintain and 3
encourage dignity, self-respect, and self-reliance. It is the legislative intent 4
that assistance granted shall be adequate to maintain a reasonable standard of 5
health and decency based on current cost of living indices. Notwithstanding 6
this subdivision, the Department will amend rules that establish new maximum 7
Reach Up grant amounts only when the General Assembly has taken 8
affirmative action to increase or decrease the Reach Up financial assistance 9
appropriation. 10
(5)(6) The programs of the Department for Children and Families shall 11
be designed to strengthen family life for the care and protection of children; to 12
assist and encourage the use by any family of all available personal and 13
reasonable community resources to this end; and to provide substitute care of 14
children only when the family, with the use of available resources, is unable to 15
provide the necessary care and protection to ensure the right of any child to 16
sound health and to normal physical, mental, spiritual, and moral development. 17
Sec. 6. 33 V.S.A. § 4907 is added to read: 18
§ 4907. NONDISCRIMINATION 19
An individual’s disability shall not: 20 BILL AS INTRODUCED H.315
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(1) be presumed to have an adverse effect on the physical or emotional 1
well-being of a child; or 2
(2) serve as a basis for denial of foster care when the appointment is 3
determined to be otherwise in the best interests of the child. 4
Sec. 7. 33 V.S.A. § 5114 is amended to read: 5
§ 5114. BEST INTERESTS OF THE CHILD 6
(a) At the time of a permanency review under section 5321 of this title, a 7
modification hearing under section 5113 of this title, or at any time a petition 8
or request to terminate all residual parental rights of a parent without limitation 9
as to adoption is filed by the Commissioner or the attorney for the child, the 10
court shall consider the best interests of the child in accordance with the 11
following: 12
(1) the interaction and interrelationship of the child with his or her 13
parents, siblings, foster parents, if any, and any other person who may 14
significantly affect the child’s best interests; 15
(2) the child’s adjustment to his or her home, school, and community; 16
(3) the likelihood that the parent will be able to resume or assume 17
parental duties within a reasonable period of time; 18
(4) whether the parent has played and continues to play a constructive 19
role, including personal contact and demonstrated emotional support and 20
affection, in the child’s welfare; and 21 BILL AS INTRODUCED H.315
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(5) if the court determines that a disabled parent’s parental rights and 1
responsibilities should be terminated based on the parent’s disability, the court 2
shall make written findings stating the basis for the determination and why 3
providing supportive parenting services is not a reasonable accommodation to 4
prevent the termination of rights and responsibilities. 5
(b) Except in cases where a petition or request to terminate all residual 6
parental rights of a parent without limitation as to adoption is filed by the 7
Commissioner or the attorney for the child, the court shall also consider 8
whether the parent is capable of playing a constructive role, including 9
demonstrating emotional support and affection, in the child’s welfare. 10
Sec. 8. EFFECTIVE DATE 11
This act shall take effect on July 1, 2025. 12