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Committee hears competing views on adding parental mental or medical conditions as custody factor

2343419 · February 18, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

A subcommittee hearing on House Bill 285 drew testimony both for and against adding language that would allow judges to consider known mental or medical conditions when deciding parental rights, with supporters saying it helps judges see the full home ecology and opponents warning of stigma and chilling effects on treatment-seeking.

Representative Ball opened the Children and Family Law Committee hearing on House Bill 285 by telling members the bill would “add words to remind judges to make sure that they're looking at a full environment for children, and it asks judges to look at, as another factor, any known mental health, conditions that could interfere with parenting.”

The bill would insert health conditions — including mental health conditions — among factors a court may consider in determining parental rights and responsibilities. Ball and several supporters urged the panel to adopt language giving judges a prompt to ask whether anything in a parent's current health might affect their ability to parent, and to allow judges to order evaluations when indicated.

Those who opposed the bill argued it would single out people with…

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