Disabled Parents and Custody, Visitation and Termination of Parental Rights

February 2017

ABA Policy Resolution 114

Adopted February 2017

 

RESOLUTION

RESOLVED, That the American Bar Association urges all federal, state, territorial, and tribal governments to enact legislation and implement public policy providing that custody, visitation, and access shall not be denied or restricted, nor shall a child be removed or parental rights be terminated, based on a parent’s disability, absent a showing—supported by clear and convincing evidence—that the disability is causally related to a harm or an imminent risk of harm to the child that cannot be alleviated with appropriate services, supports, and other reasonable modifications.

FURTHER RESOLVED, That the American Bar  Association urges all federal, state, territorial, and tribal governments to enact legislation and implement public policy providing that a prospective parent’s disability shall not be a bar to adoption or foster care when the adoption or foster care placement is determined to be in the best interest of the child. 

Proposed resolution and report

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