HRS §587A-7.5
Disability cannot be the only reason a child is removed
A court cannot decide a child's family is unsafe just because a parent or caregiver has a disability. If disability is part of the reason, the court must write down why. The person claiming the disability harms parenting must show a clear link between the disability and the specific parenting problem.
courtsparents
The statute, as written — Safe family home factors; disability
The court shall not consider the disability of a parent or caregiver to be the sole factor in the court's determination made pursuant to this part. If the court makes a determination that a child's family is unable to provide a safe family home and one or more of the child's parents or caregivers are disabled, the court shall make specific written findings stating the basis for this determination. The party attempting to demonstrate that the disability of a parent or caregiver impairs the parent's or caregiver's ability to parent must prove that the disability is a factor, and demonstrate a clear nexus between the disability and the alleged parental deficiency.
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