Judiciary committee advances bill barring disability as sole basis for adoption denials or parental-rights termination

Senate Bill 26, a measure to prevent discrimination against parents with disabilities in adoption and parental-rights termination cases, was reported favorably out of the Senate Judiciary Committee by a unanimous 7-0 vote.

Sponsor Brandon Storm, senator of the 20th District, told the committee the bill "ensures that disability alone cannot be the sole reason that an adoption petition is denied or that parental rights are terminated." The measure was presented by Storm alongside Marcus Vanover, family court judge for Lincoln, Pulaski and Rockcastle counties, and Crystal Adams, chair of the Justice Commission’s intellectual and developmental disabilities work group.

The bill’s supporters said it responds to court rulings and national guidance that identified inconsistent practices for parents with disabilities. Judge Marcus Vanover, who leads a dependency, neglect and abuse work group for the Kentucky Judicial Commission on Mental Health, cited recent cases in Kentucky and said the bill is intended to provide guidance to judges and child-welfare actors. "These cases all underscore the need for change in Kentucky to ensure that appropriate services are addressed in all cases and that individuals with disabilities are not wrongfully discriminated against on the sole basis of that disability," Vanover said.

Crystal Adams cited federal technical assistance and national research on parental removal rates for people with disabilities and said the bill would align state practice with the Americans with Disabilities Act. Adams told the committee that, "As of January 2025, Kentucky has 8,301 children in out‑of‑home care with active placements," and cited national figures indicating higher removal rates for parents with psychiatric or intellectual disabilities.

Key provisions described by proponents include: a statutory definition of disability; a prohibition on using disability as the sole basis for denying adoption or terminating parental rights; a requirement that courts and agencies consider and document supportive services and reasonable accommodations before such outcomes; a retention requirement for related documentation; and technical corrections to existing Kentucky Revised Statutes to improve clarity.

Senator Carroll, speaking as a parent of an adult child with special needs, asked whether the bill creates a proactive path for parents to request services before child-welfare involvement. Judge Vanover and Storm said the bill is focused on adoption and termination proceedings where the cabinet (child-welfare agency) is already involved, though several senators discussed whether additional proactive service programs should be developed by the cabinet.

Motion and vote: Senator Deneen moved to report the bill favorably; Senator Thomas seconded. The clerk recorded aye votes from Senator Carroll, Senator Deneen, Senator Nemez, Senator Reid, Senator Thomas, Vice Chair Wheeler and Chair Storm. The committee recorded a unanimous 7-0 favorable recommendation to the floor.

What’s next: The bill was reported with a favorable recommendation to the full Senate. Committee testimony and proponents’ statements indicated sponsors are willing to work further on implementation details, particularly the scope of services and how the cabinet would operationalize supportive services in practice.