SF 5097

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/09/2024 09:21am

A bill for an act
relating to family law; providing rights for parents with disabilities; amending
Minnesota Statutes 2022, sections 259.53, by adding a subdivision; 260C.201, by
adding a subdivision; 518.1751, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 259.53, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Supportive parenting services for parents with disabilities. new text end

new text begin (a) A court or
agency shall not deny a prospective parent the ability to proceed with an adoption due to
the prospective parent's disability. A person who raises a prospective parent's disability as
a basis for denying an adoption has the burden to prove by clear and convincing evidence
that specific behaviors of the prospective parent would endanger the health or safety of the
child. If the person meets the burden, the prospective parent with a disability shall have the
opportunity to demonstrate how implementing supportive services would alleviate any
concerns. The court may require the agency to provide the opportunity to use supportive
parenting services to a prospective parent. Within a reasonable period of time, the prospective
parent has the right to a court hearing to review the need for continuing services. For purposes
of this section, "disability" and "supportive parenting services" have the meanings given in
section 260C.201, subdivision 13.
new text end

new text begin (b) If a court denies or limits the rights of a prospective parent with a disability to adopt
a child, the court shall make specific written findings stating the basis for the determination
and why providing supportive parenting services is not a reasonable accommodation that
could prevent the denial or limitation.
new text end

Sec. 2.

Minnesota Statutes 2022, section 260C.201, is amended by adding a subdivision
to read:

new text begin Subd. 13. new text end

new text begin Supportive parenting services. new text end

new text begin (a) A person or agency shall not file a petition
alleging that a child is in need of protection or services on the basis of a parent's disability.
To make a prima facie showing that a child protection matter exists, the petitioner must
demonstrate in the petition that the child is in need of protection or services due to specific
behaviors of a parent or household member. The local agency or court must offer a parent
with a disability the opportunity to use supportive parenting services to assist the parent if
the petitioner makes a prima facie showing that through specific behaviors, a parent with a
disability cannot provide for the child's safety, health, or welfare. If a court removes a child
from a parent's home, the court shall make specific written findings stating the basis for
removing the child and why providing supportive parenting services is not a reasonable
accommodation that could prevent the child's out-of-home placement.
new text end

new text begin (b) For purposes of this section, "supportive parenting services" means services that may
assist a parent with a disability in the effective use of techniques and methods to enable the
parent to discharge the parent's responsibilities to a child as successfully as a parent who
does not have a disability, including nonvisual techniques for a parent who is blind. For
purposes of this section, "disability" means:
new text end

new text begin (1) physical or mental impairment that substantially limits one or more of a parent's
major life activities;
new text end

new text begin (2) a record of having a physical or mental impairment that substantially limits one or
more of a parent's major life activities; or
new text end

new text begin (3) being regarded as having a physical or mental impairment that substantially limits
one or more of a parent's major life activities.
new text end

new text begin (c) The term "disability" must be construed in accordance with the ADA Amendments
Act of 2008, Public Law 110-325.
new text end

Sec. 3.

Minnesota Statutes 2022, section 518.1751, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Parents with disabilities. new text end

new text begin (a) A court shall not deny nor restrict a parent's
parenting time or custody due to the parent's disability. A party raising disability as a basis
for denying or restricting parenting time has the burden to prove by clear and convincing
evidence that a parent's specific behaviors during parenting time would endanger the health
or safety of the child. If the party meets the burden, a parent with a disability shall have the
opportunity to demonstrate how implementing supportive services can alleviate any concerns.
The court may require a parent with a disability to use supportive parenting services to
facilitate parenting time. For purposes of this section, "disability" and "supportive parenting
services" have the meanings given in section 260C.201, subdivision 13.
new text end

new text begin (b) If a court denies or limits the right of a parent with a disability to custody of a child
or visitation with a child, the court shall make specific written findings stating the basis for
the denial or limitation and why providing supportive parenting services is not a reasonable
accommodation that could prevent denying or limiting the parent's custody or parenting
time.
new text end

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 3 are effective August 1, 2024, and apply to pleadings and motions pending
on or after that date.
new text end