Bill
SD 1375
Summary of SD 1375 - Prohibiting Disability Discrimination in Family and Juvenile Courts Bill OverviewSenate Bill 1375, titled "An Act prohibiting discrimination against adults wit
Senate Bill 1375, titled "An Act prohibiting discrimination against adults with disabilities in Family and Juvenile Court proceedings", aims to prevent discrimination against individuals with disabilities in child custody, visitation, and related family and juvenile court proceedings.
The bill would establish the following key requirements:
Presumption of Parental Fitness: The bill creates a presumption that parents or guardians with disabilities are fit to care for their children, absent clear and convincing evidence to the contrary. This shifts the burden of proof away from the disabled parent.
Prohibiting Discriminatory Assumptions: The bill prohibits courts from making assumptions about a parent or guardian's ability to care for a child based solely on the presence of a physical, intellectual, or developmental disability.
Provision of Reasonable Accommodations: The bill requires courts to provide reasonable accommodations to parents or guardians with disabilities to ensure their full participation in proceedings, such as accessible facilities, assistive technology, or interpreter services.
Expert Witness Qualifications: The bill establishes qualifications for expert witnesses testifying about a parent or guardian's disability, requiring expertise in the specific disability and its functional impacts.
Consideration of Support Services: The bill mandates that courts consider the availability of supportive services that could enable a parent or guardian with a disability to safely care for their child before making any determinations.
If enacted, this legislation would help protect the rights of parents and guardians with disabilities in family and juvenile court proceedings. It aims to prevent discrimination and ensure courts make decisions based on an individual's actual abilities rather than unsupported assumptions about disability. The bill could increase opportunities for children to remain with their disabled parents or guardians, when appropriate support services are available.
SD 1375 was introduced in the state legislature on November 29, 2025. It has been referred to the Senate Judiciary Committee for initial consideration and debate. The bill will need to pass both the state Senate and House of Representatives before being sent to the governor for signature to become law.
Compiled from official sources — confirm details with the bill’s official record.
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