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H0577.................................................by HEALTH AND WELFARE
CHILD CUSTODY - DISABLED PARENT - Amends existing law to provide that, in
child custody actions in divorce and separation proceedings, the parent
shall have the right to provide evidence and information regarding the
manner in which the use of adaptive equipment and supportive services will
enable the parent to carry out the responsibilities of parenting; to
provide duties of the court; and to provide that there shall be no
discrimination in child custody actions on the basis of disabilities.
02/07 House intro - 1st rdg - to printing
02/08 Rpt prt - to Health/Wel
02/21 Rpt out - rec d/p - to 2nd rdg
02/22 2nd rdg - to 3rd rdg
02/27 3rd rdg - PASSED - 65-0-5
AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark,
Collins, Cuddy, Denney, Ellis, Ellsworth, Eskridge, Field(13),
Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest,
Hornbeck, Jaquet, Jones, Kellogg(Duncan), Kendell, Kunz, Lake,
Langford, Loertscher, Mader, Martinez, McKague, Meyer, Montgomery,
Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts,
Robison, Sali, Schaefer, Shepherd, Smith(33), Smith(23), Smylie,
Stevenson, Stone, Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker
NAYS -- None
Absent and excused -- Crow, Deal, Higgins, Mortensen, Sellman
Floor Sponsor - Aikele
Title apvd - to Senate
02/28 Senate intro - 1st rdg - to Health/Wel
03/11 Rpt out - rec d/p - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
03/14 3rd rdg - PASSED - 30-0-5
AYES -- Andreason, Boatright, Branch(Bartlett), Bunderson,
Burtenshaw, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little,
Lodge, Marley, Noh, Risch, Schroeder, Sims, Sorensen, Stegner,
Thorne, Wheeler, Williams
NAYS -- None
Absent and excused -- Brandt, Cameron, Richardson, Sandy, Stennett
Floor Sponsor - King-Barrutia
Title apvd - to House
03/15 To enrol - rpt enrol - Sp signed
Pres signed
03/15 To Governor
03/22 Governor signed
Session Law Chapter 232
Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 577
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO CHILD CUSTODY; AMENDING SECTION 32-717, IDAHO CODE, TO REVISE REL-
3 EVANT FACTORS THE COURT MAY CONSIDER, TO PROVIDE THAT IF A PARENT HAS A
4 DISABILITY, THE PARENT SHALL HAVE THE RIGHT TO PROVIDE EVIDENCE AND INFOR-
5 MATION REGARDING THE MANNER IN WHICH THE USE OF ADAPTIVE EQUIPMENT OR SUP-
6 PORTIVE SERVICES WILL ENABLE THE PARENT TO CARRY OUT THE RESPONSIBILITIES
7 OF PARENTING, TO PROVIDE DUTIES OF THE COURT, TO PROVIDE APPLICATION TO
8 LOCAL GOVERNMENTS, TO DEFINE TERMS, TO PROVIDE FOR NO DISCRIMINATION ON
9 THE BASIS OF DISABILITY, TO PROVIDE FOR FINDINGS BY A COURT AND TO MAKE
10 TECHNICAL CORRECTIONS; AMENDING SECTION 32-1005, IDAHO CODE, TO DEFINE
11 TERMS, TO PROVIDE FOR NO DISCRIMINATION ON THE BASIS OF DISABILITY, TO
12 PROVIDE THAT IF A PARENT HAS A DISABILITY, THE PARENT SHALL HAVE THE RIGHT
13 TO PROVIDE EVIDENCE AND INFORMATION REGARDING THE MANNER IN WHICH THE USE
14 OF ADAPTIVE EQUIPMENT OR SUPPORTIVE SERVICES WILL ENABLE THE PARENT TO
15 CARRY OUT THE RESPONSIBILITIES OF PARENTING, TO PROVIDE DUTIES OF THE
16 COURT, TO PROVIDE APPLICATION TO LOCAL GOVERNMENTS, TO PROVIDE FOR FIND-
17 INGS BY A COURT AND TO MAKE TECHNICAL CORRECTIONS.
18 Be It Enacted by the Legislature of the State of Idaho:
19 SECTION 1. That Section 32-717, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 32-717. CUSTODY OF CHILDREN -- BEST INTEREST. A.(1) In an action for
22 divorce the court may, before and after judgment, give such direction for the
23 custody, care and education of the children of the marriage as may seem neces-
24 sary or proper in the best interests of the children. The court shall consider
25 all relevant factors which may include:
26 1.(a) The wishes of the child's parent or parents as to his or her cus-
27 tody;
28 2.(b) The wishes of the child as to his or her custodian;
29 3.(c) The interaction and interrelationship of the child with his or her
30 parent or parents, and his or her siblings;
31 4.(d) The child's adjustment to his or her home, school, and community;
32 5.(e) The mental and physical health and integrity character and circum-
33 stances of all individuals involved;
34 6.(f) The need to promote continuity and stability in the life of the
35 child; and
36 7.(g) Domestic violence as defined in section 39-6303, Idaho Code,
37 whether or not in the presence of the child.
38 (2) If the parent has a disability as defined in this section, the parent
39 shall have the right to provide evidence and information regarding the manner
40 in which the use of adaptive equipment or supportive services will enable the
41 parent to carry out the responsibilities of parenting the child. The court
42 shall advise the parent of such right. Evaluations of parental fitness shall
43 take into account the use of adaptive equipment and supportive services for
2
1 parents with disabilities and shall be conducted by, or with the assistance
2 of, a person who has expertise concerning such equipment and services. Noth-
3 ing in this section shall be construed to create any new or additional obliga-
4 tions on state or local governments to purchase or provide adaptive equipment
5 or supportive services for parents with disabilities.
6 B.(3) In any case where the child is actually residing with a grandparent
7 in a stable relationship, the court may recognize the grandparent as having
8 the same standing as a parent for evaluating what custody arrangements are in
9 the best interests of the child.
10 (4) As used in this chapter:
11 (a) "Adaptive equipment" means any piece of equipment or any item that is
12 used to increase, maintain or improve the parenting capabilities of a par-
13 ent with a disability.
14 (b) "Disability" means, with respect to an individual, any mental or
15 physical impairment which substantially limits one (1) or more major life
16 activities of the individual including, but not limited to, self-care,
17 manual tasks, walking, seeing, hearing, speaking, learning or working, or
18 a record of such an impairment, or being regarded as having such an
19 impairment. Disability shall not include transvestism, transsexualism,
20 pedophilia, exhibitionism, voyeurism, other sexual behavior disorders,
21 substance use disorders, compulsive gambling, kleptomania or pyromania.
22 Sexual preference or orientation is not considered an impairment or dis-
23 ability. Whether an impairment substantially limits a major life activity
24 shall be determined without consideration of the affect of corrective or
25 mitigating measures used to reduce the effects of the impairment.
26 (c) "Supportive services" means services which assist a parent with a
27 disability to compensate for those aspects of their disability which
28 affect their ability to care for their child and which will enable them to
29 discharge their parental responsibilities. The term includes specialized
30 or adapted training, evaluations, or assistance with effective use of
31 adaptive equipment, and accommodations which allow a parent with a dis-
32 ability to benefit from other services, such as braille texts or sign lan-
33 guage interpreters.
34 (5) Nothing in this chapter shall be construed to allow discrimination on
35 the basis of disability. In any case where the disability of a parent is
36 found by the court to be relevant to an award of custody of a child, the court
37 shall make specific findings concerning the disability and what affect, if
38 any, the court finds the disability has on the best interests of the child.
39 SECTION 2. That Section 32-1005, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 32-1005. CUSTODY OF CHILDREN AFTER SEPARATION OF PARENTS. (1) When a hus-
42 band and wife live in a state of separation, without being divorced, any court
43 of competent jurisdiction, upon application of either, if an inhabitant of
44 this state, may inquire into the custody of any unmarried minor child of the
45 marriage, and may award the custody of such child to either, for such time and
46 under such regulations as the case may require. The decision of the court must
47 be guided by the welfare of the child.
48 (2) As used in this chapter:
49 (a) "Adaptive equipment" means any piece of equipment or any item that is
50 used to increase, maintain or improve the parenting capabilities of a par-
51 ent with a disability.
52 (b) "Disability" means, with respect to an individual, any mental or
53 physical impairment which substantially limits one (1) or more major life
3
1 activities of the individual including, but not limited to, self-care,
2 manual tasks, walking, seeing, hearing, speaking, learning or working, or
3 a record of such an impairment, or being regarded as having such an
4 impairment. Disability shall not include transvestism, transsexualism,
5 pedophilia, exhibitionism, voyeurism, other sexual behavior disorders,
6 substance use disorders, compulsive gambling, kleptomania or pyromania.
7 Sexual preference or orientation is not considered an impairment or dis-
8 ability. Whether an impairment substantially limits a major life activity
9 shall be determined without consideration of the affect of corrective or
10 mitigating measures used to reduce the effects of the impairment.
11 (c) "Supportive services" means services which assist a parent with a
12 disability to compensate for those aspects of their disability which
13 affect their ability to care for their child and which will enable them to
14 discharge their parental responsibilities. The term includes specialized
15 or adapted training, evaluations, or assistance with effective use of
16 adaptive equipment, and accommodations which allow a parent with a dis-
17 ability to benefit from other services, such as braille texts or sign lan-
18 guage interpreters.
19 (3) Nothing in this chapter shall be construed to allow discrimination on
20 the basis of disability. If a parent has a disability as defined in this chap-
21 ter the parent shall have the right to provide evidence and information
22 regarding the manner in which the use of adaptive equipment or supportive ser-
23 vices will enable the parent to carry out the responsibilities of parenting
24 the child. The court shall advise the parent of such right. Nothing in this
25 section shall be construed to create any new or additional obligations on
26 state or local governments to purchase or provide adaptive equipment or sup-
27 portive services for parents with disabilities. In any case where the dis-
28 ability of a parent is found by the court to be relevant to an award of cus-
29 tody of a child, the court shall make specific findings concerning the dis-
30 ability and what affect, if any, the court finds the disability has on the
31 best interests of the child.
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STATEMENT OF PURPOSE
RS 11885
Idaho child custody laws, as currently written, reflect the
historical bias against parents with disabilities and present an
unrealistic view of parents with disabilities by their referral to
having a disability as a factor in a parent's ability to raise their
children. Such references imply that parents with disabilities are
incapable of properly caring for their children. Many parents with
significant disabilities provide excellent care and stable homes for
their children. With the assistance of family, friends, and
neighbors.
The legislation removes from divorce and separation law,
inappropriate disability language and builds in language that grants
the parent with a disability the right to present evidence and
information regarding the manner in which the use of adaptive
equipment or supportive services will enable the parent to carry out
the responsibilities of parenting the child. This legislation also
prohibits discrimination based on disability and creates an
evaluation system that takes into consideration the use of adaptive
equipment and supportive services.
FISCAL IMPACT
The legislation clearly states that it does not create any new or
additional obligations on state or local governments to purchase
evaluations or provide adaptive equipment or supportive services for
parents with disabilities. Therefore, there is no fiscal impact.
Contact:
Name: Kelly Buckland
Idaho State Independent Living Council
Phone: 334-3800
STATEMENT OF PURPOSE/FISCAL NOTE H 577