HB 18-1104 Summary

• Creates new statute 24-34-805 establishing family preservation safeguards prohibiting discrimination against parents and prospective parents with disabilities in domestic law, guardianship, dependency and neglect, adoption, and foster care proceedings.

• Requires that a parent's disability alone cannot be basis for denial or restriction of parenting time or parental responsibilities unless there is clear nexus to ability to meet child's needs.

• Establishes burden of proof requiring the party alleging a parent's disability impacts a child to prove by preponderance of evidence that the behavior is contrary to child's best interest, and requires courts to consider supportive parenting services as reasonable accommodation.

• Requires courts to make specific findings of fact and law when denying or restricting parental rights, explaining why supportive parenting services cannot remedy the disability's impact.

• Applies standards consistent with the federal Americans with Disabilities Act of 1990 across multiple sections of Colorado family law, child welfare, and adoption statutes.