8/9/2019 HD 241 Fact Sheet

1/2

HD 241: An Act prohibiting discrimination against adults with

disabilities in family and juvenile court proceedings

Capable parents with disabilities should not be denied the right to raise

their children. Parents with disabilities lose their children at alarming rates.Parents with disabilities are more likely to lose custody of their children after

divorce. Removal rates of children from parents with psychiatric or intellectual

disabilities is as high as 7080%. Parents with sensory or physical disabilities also

eperience etremely high removal rates and loss of their parental rights.

HD 241 will reuire courts to determine whether or not a parent!s

disability causes harm to their child! by re"uiring written #ndings when courts

rely on a parent$s disability as a negative factor in a custody or visitation

determination. his law will also re"uire courts to determine whether the harm to

the child can be alleviated by adaptive e"uipment or supportive services for theparent.

Disability alone is not a reason: "eliance on a parent!s disability without

e#planation is illegal discrimination$ &lmost '( years after the passage of the

&mericans with )isabilities &ct! adults with disabilities have increased protections in

education and work life! but parents with disabilities are still at signi#cant risk to

lose their children. )ecisions to terminate parental rights! remove custody or deny

parenting time to a parent based solely on their disability status violates the &)&.

%eeping families together is good for children. *tensive research shows thatchildren fare better when they remain with their parents. +ut children of parents

with disabilities continue to be inappropriately removed from their homes or

separated from their parents without a determination of how the parent$s disability

a,ects their ability to parent.

HD 241 is consistent with current &assachusetts case law' federal and

state anti(discrimination law' and a trend in state family law$ -or further

information see the recent report of the ational /ouncil on )isability 1Rocking the

/radle *nsuring the Rights of Parents with )isabilities and heir /hildren!2 which

can be found at http33www.ncd.gov3publications3'04'35ep'7'04'3 .

HD 241 will not cost the state money and may even save the state money bypreventing unnecessary foster care placements.

)ponsored by: Representative 6erou)upported by ental 6ealth egal &dvisors /ommittee

https://sn2prd0610.outlook.com/owa/redir.aspx?C=vSxChGD4ykODv3EAQ4ZhL1h23-_Vzc8I_MGSjojizpbbRgQza8bxquP-LFoEznsOQiooUfZHaO4.&URL=http%3A%2F%2Fwww.ncd.gov%2Fpublications%2F2012%2FSep272012%2Fhttps://sn2prd0610.outlook.com/owa/redir.aspx?C=vSxChGD4ykODv3EAQ4ZhL1h23-_Vzc8I_MGSjojizpbbRgQza8bxquP-LFoEznsOQiooUfZHaO4.&URL=http%3A%2F%2Fwww.ncd.gov%2Fpublications%2F2012%2FSep272012%2F

8/9/2019 HD 241 Fact Sheet

2/2

/ape 9rgani:ation for Rights of the )isabled ;/9R)