S.F. No. 5097 Summary

• Prohibits courts and agencies from denying adoption to prospective parents solely based on disability; requires clear and convincing evidence that specific parental behaviors would endanger child safety, not the disability itself.

• Requires courts to offer supportive parenting services to prospective adoptive parents with disabilities if concerns are raised, and mandates written findings explaining why such services cannot prevent denial of adoption.

• Prohibits filing child protection petitions based solely on a parent's disability; petitioners must demonstrate specific behaviors endangering the child, and courts must offer supportive parenting services before removing children from disabled parents' homes.

• Prevents courts from denying or restricting parenting time or custody based on disability alone; requires proof by clear and convincing evidence that specific parental behaviors during parenting time would endanger child safety, with opportunity to use supportive services.

• Defines "supportive parenting services" as techniques and methods assisting disabled parents in fulfilling parental responsibilities equally to non-disabled parents, including specialized techniques like nonvisual methods for blind parents; defines "disability" consistent with the ADA Amendments Act of 2008.

• Effective August 1, 2024, applying to pending pleadings and motions on or after that date.