[MN-at-Large] Hearing This Wednesday on Parents Rights Bill in Senate

[David Andrews]

>
>All,
>
>Here is an important update and ask from your 
>friendly governmental affairs committee:
>
>
>
>Because of the excellent work of all who 
>participated in our Day at the Capitol in 
>February, there will be a hearing on our bill on 
>parents rights (S.F. 5097/HF 5049)  in the 
>senate judiciary committee this Wednesday April 
>3. The bill was introduced in both houses, 
>thanks to Representative Kim Hicks of Rochester 
>and Senator John Hoffman from the district 
>representing Champlain/Brooklyn Park/Coon Rapids.
>
>
>
>Thousands of bills get introduced each 
>legislative session, and it is not easy to get a 
>hearing­but we did because we showed up and made 
>our case effectively. We want to take this 
>opportunity to let the legislators know how much 
>this issue matters to all of us. Therefore, if 
>you can make it to this hearing, it would be 
>great to have you in the room. A room full of 
>blind people who care a lot about making sure 
>that children aren't taken from their parents 
>because someone is afraid of blindness will make 
>a profound impression as we work for as long as 
>it takes to put stronger protections into Minnesota law.
>
>
>
>The committee meeting begins at 12:30 on 
>Wednesday 4/3 and takes place in room G-15 in 
>the Capitol building. Currently, our bill is 8th 
>on the agenda, but things can change at any time 
>in our busy legislature, so we'll do our best to 
>keep you posted if there are changes. If you're 
>planning to attend and can send a quick email to 
><jennifer.dunnam1829 at gmail.htm>jennifer.dunnam1829 at gmail.com, 
>we'll make sure you get the up-to-the-minute word.
>
>Looking forward to seeing as many of you as 
>possible on Wednesday April 3rd at the Capitol. 
>Just as a reminder of the background, here is 
>the section from our fact sheet from earlier this year:
>
>
>
>
>Protect Civil Rights of Parents with Disabilities
>
>
>
>ISSUE­Parents with disabilities have sometimes 
>been denied the opportunity for adoption, or 
>have lost child custody or parenting time on the 
>basis of a disability, without specific evidence 
>supporting the decision. Stronger protection 
>under the law is needed to eliminate the bias 
>and discrimination that people with disabilities 
>face in court decisions regarding custody/parenting time or adoption.
>
>The proposed legislative solution does not 
>require new services or additional funding. 
>Rather, it sets a framework of procedural 
>safeguards if disability is raised as a factor in an adoption or custody case.
>
>
>
>BACKGROUND­Vast experience demonstrates that 
>disability is not a relevant factor in whether a 
>person is fit to be a parent. For example, the 
>National Federation of the Blind has documented 
>thousands of cases of blind people who are 
>successfully raising children, many right here 
>in Minnesota. Unfortunately, in too many cases, 
>the 
><https://www.nfb.org/sites/www.nfb.org/files/images/nfb/publications/brochures/blindparents/parentingwithoutsight.html>capabilities 
>of blind individuals to care for children are 
>often brought into question even when they have 
>been successfully caring for their children for many years.
>
>
>
>In September 2012, the National Council on 
>Disability issued a report entitled 
><https://ncd.gov/publications/2012/sep272012/>Rocking 
>the Cradle: Ensuring the Rights of Parents with 
>Disabilities and Their Children. This report 
>states that parents with disabilities, “are the 
>only distinct community of Americans who must 
>struggle to retain custody of their children.” 
>The report goes on to say, “In families where 
>the parental disability is physical, 13 percent 
>have reported discriminatory treatment in 
>custody cases. Parents who are deaf or blind 
>report extremely high rates of child removal and loss of parental rights.”
>
>
>
>The Minnesota Legislature has demonstrated its 
>understanding that disabled parents should not 
>be denied a role in raising their children 
>merely on the basis of disability. MS 518.17 
>Subdivision 1b(5) states that "Disability alone, 
>... of a proposed custodian or the child shall 
>not be determinative of the custody of the 
>child." Although this law was a positive step, 
>the language should be strengthened to require 
>the court to show that no discrimination on the 
>basis of disability has occurred, and to take 
>into account the use of supportive parenting 
>services which can often resolve concerns before 
>limiting or denying custody rights.
>
>
>
>LEGISLATIVE SOLUTION­The proposed legislation 
>will protect the rights of parents with 
>disabilities in adoption or custody cases by 
>establishing the following safeguards:
>
>1) Any petition to deny or limit parental rights 
>must not be based on the presence of a 
>disability but rather on a parent or prospective parent's specific behaviors;
>
>2) The party raising the concern has the burden 
>to prove that specific behaviors will endanger the child;
>
>3) The parent must have the opportunity to 
>demonstrate how the use of supportive parenting 
>services (for example, mentoring from other 
>parents or learning new techniques) can alleviate concerns;
>
>4) If a denial or limitation occurs, the court 
>must state in writing the reasons for the 
>decision, including why supportive parenting 
>services could not be used to prevent the denial or limitation.
>
>
>
>GOAL­Keep families together by strengthening 
>legal protections for parents with disabilities.
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