Title 42
State Affairs and Government

Chapter 72.12
Preservation of Families with Disabled Parent Act

§ 42-72.12-3. Rights of disabled parents.

(a) A parent or prospective parent’s disability shall not be presumed to have a detrimental impact on a child.

(b) A parent or prospective parent who has a disability must be treated on a case-by-case basis, consistent with facts and objective evidence and based on an individualized assessment of the possible risk to the child’s health and safety.

(c) A disability of a parent of a newborn child shall not serve as the sole basis of referral to a hospital social worker for evaluation of parenting skills.

(d) A parent’s disability shall not serve as the sole basis of a referral to the department of children, youth and families by a hospital neonatal unit.

(e) A parent’s disability shall not serve as the sole basis for denial or restriction of visitation or custody in family or child welfare cases when the visitation or custody is determined to be otherwise in the best interest of the child by the court.

(f) A prospective parent’s disability shall not serve as the sole basis for denial of participation in public or private adoption when the adoption is determined to be otherwise in the best interest of the child.

(g) An individual’s disability shall not serve as the sole basis for denial of foster care or guardianship, when the appointment is determined to be otherwise in the best interest of the child.

(h) The parent or prospective parent with a disability shall be entitled to supportive parenting services and any other reasonable efforts to preserve the family unit, except in those cases where reasonable efforts are not required under § 15-7-7. The family court may require that the supportive parenting services be put in place, with an opportunity to review the need for continuation of such service within a reasonable period of time. “Supportive parenting services” means services that may assist a parent or prospective parent with a disability in the effective use of techniques, technology, and other alternative methods to enable the parent or prospective parent to have an equal opportunity to discharge parental responsibilities as successfully as a parent who does not have disabilities.

(i) Provided however, nothing in this section shall impair the rights of the child, protective agency, or the court to deny placement of or visitation with the child, of a parent or prospective parent with a disability, if they pose a significant risk to the health and safety of the child, that cannot be eliminated by reasonable accommodations.