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OH HB352

Bill

Status

Engrossed

12/8/2021

Primary Sponsor

Erica Crawley

Click for details

Origin

House of Representatives

134th General Assembly (2021-2022)

AI Summary

  • Prohibits courts, public children services agencies, private child placing agencies, and private noncustodial agencies from denying or limiting custody, parenting time, visitation, adoption, guardianship, or foster caregiver status based solely on a person's disability.

  • Defines "disability" using the same meaning as the Americans with Disabilities Act of 1990 (42 U.S.C. 12102).

  • Allows courts to determine detrimental impact on a minor only if a party proves by clear and convincing evidence that the disabled person endangers the minor's health, safety, or welfare and that reasonable modifications or supportive services cannot eliminate the endangerment.

  • Requires courts to order an evaluation before making detrimental impact determinations to assess how reasonable modifications and supportive services could alleviate any harm to the minor.

  • Mandates that if a court denies or limits parental or guardianship rights, it must issue specific written findings of fact and conclusions of law explaining why reasonable modifications and supportive services are insufficient.

Legislative Description

Prohibit disability from being used to deny, limit parenting

Courts and Civil Law : Courts

Last Action

Refer to Committee: Judiciary

12/15/2021

Committee Referrals

Judiciary12/15/2021
Civil Justice6/22/2021

Full Bill Text

No bill text available