A new bill is being proposed in the Missouri House of Representatives which would relieve the fears of parents with disabilities that their condition may cause them to lose custody of their children.

The bill, sponsored by Rep. Thomas Long (R-Battlefield), is a response to cases in which parents with disabilities have lost their children. In one case, two parents lost custody of their daughter for 57 days because they were blind.

According to the Columbia Missourian, the law would prevent the Missouri Department of Social Services from removing children from their home solely because a parent has a disability, and would required courts to prove that a disability has a direct negative impact on the child prior to removing the parent's custody rights.

In a recent hearing on the proposal, those in support of the bill say that parents with disabilities are capable of caring for their children and should not lose their children merely because of their condition. They said that technology is available to help them raise their children.

Legislators on the committee who heard the testimony were largely supportive of the bill, but some raised the concern that technology available to assist disabled parents in caring for their children is not easily affordable for many people.

One supporter of the bill pointed to the fact that she and her husband, both blind, raised four successful children.

Missouri law determines custody issues based on the best interest of the children, and allows judges to consider a number of factors in making that determination. The proposed bill would remove some of the current discretion from family law in deciding disability cases.

Source: Columbia Missourian, "Bill to protect custody rights of parents with disabilities," Jordan Shapiro, 2 Mar 2011.