HB 18-1104

HB 18-1104, also known as "Family Preservation for Parents with Disability," is a bill that aims to protect the rights of parents or prospective parents who have disabilities. It ensures that their disability cannot be used as a reason to limit their time with their children or prevent them from adopting, fostering, or being guardians unless it directly affects the child's health and well-being. The bill also encourages courts to consider supportive services for these parents when making decisions about custody and parenting responsibilities. Since the bill has been signed into law, it is now enforceable in Colorado, providing legal protections for parents with disabilities.

Official Summary

The bill establishes that family protection safeguards for a parent or prospective parent with a disability are critical to family preservation and the best interests of the children of Colorado. These safeguards include: That a parent's disability must not serve as a basis for denial or restriction of parenting time or parental responsibilities in a domestic law proceeding pursuant to title 14, without a clear nexus to the parent's ability to meet the needs of the child; in a minor guardianship proceeding pursuant to title 15, without a clear nexus to the parent's ability to meet the needs of the child; or a dependency and neglect proceeding pursuant to title 19, except when it impact the health or welfare of the child; That a parent's disability must not serve as a basis for denial of participation in a public or private adoption, or for denial of foster care or guardianship, when it is otherwise determined to be in the best interest of the child; and That the benefits of providing supportive parenting services must be considered by a court when determining parental responsibilities, parenting time, adoption placements, foster care, and guardianship, and the court may require that such supportive parenting services be provided or implemented, given the resources of the family.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

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