08 Jul Family Law and Disability Rights: How Kentucky’s New Law Supports Parents and Families and Challenges CHFS Practices

By Melina Hettiaratchi, Senior Associate, Helmers + Associates

The 2025 passage of Senate Bill 26 marks a groundbreaking moment for disability justice in Kentucky’s child welfare and adoption systems. The new law, which had bipartisan support and was signed into law by Governor Beshear on March 18, 2025, makes sweeping amendments to KRS Chapter 199 and related termination and adoption statutes. This law explicitly prohibits the Cabinet for Health and Family Services (CHFS) from disqualifying a parent or relative caregiver based solely on disability. It demands more than assumptions—it requires action, assessment, and support.

What Changed in the Law?

SB 26 brings clarity to how disability is treated under Kentucky law when it comes to foster care, adoption, and termination of parental rights. Specifically:

• KRS 199.011(8) now defines “disability” in alignment with federal disability law and excludes active substance use disorders from its protections.
• KRS 199.462(3) prohibits CHFS from denying a placement (including foster care or kinship care) solely because of a prospective caregiver’s disability, unless an individualized assessment has been conducted.
• KRS 199.471(2) and 199.473(6) reinforce this by mandating that CHFS must consider whether “targeted adaptive or supportive services” could allow a disabled parent or caregiver to successfully care for a child before making any negative placement decisions.
• KRS 625.050(6)(b) and 625.090(3)(a)-(c) clarify that parental rights cannot be involuntarily terminated solely because of disability unless the parent has first been offered appropriate services, and either failed to respond or affirmatively declined.

Why This Matters

For too long, CHFS has been permitted to treat disability as a disqualifier—often with little more than a checkbox on a form or an unsupported opinion that a parent or relative was “incapable.” These legislative changes call time on that practice.

Now, before denying a family member placement of a child or pursuing termination of parental rights, CHFS must:

• Conduct an individualized assessment of the parent or caregiver.
• Consider and, if appropriate, provide targeted adaptive or supportive services—such as mobility assistance, communication support, or behavioral health services.
• Document that such services were offered, and if declined, confirm the decision in writing.

This represents a meaningful shift away from ableist assumptions toward a legal standard that recognizes the rights of disabled individuals to parent and care for children with dignity and support.

Real-Life Impacts

This law will make a critical difference in our cases. In past and ongoing cases, SB 26 is a monumental tool for keeping children with family members, promoting reunification with families of origin, and reducing the stigma prevalent in cases involving adults with disabilities. Here are some real-world examples of cases we have had that are directly impacted by this new law:

• A grandparent who is simply elderly who was denied placement of their grandchild, despite having a stable home and a strong emotional bond with the child and the child’s extended family. Instead of being placed with family, the Family Court has ordered the child to reside with a stranger in foster care while the family gets visitation as often as the foster parent will allow. Which is not often.
• A parent with a mental illness and cognitive impairment who faced termination proceedings without being offered any services or supports to help reunify with their child. In fact, the Cabinet refused to transfer the medically-complex child to a hospital near the parent, citing too high a cost burden. Now the child has remained in foster care while the parent has to independently seek services and supports without any time to bond with their child. It was not until after the termination trial that the Cabinet even sought to review the parent’s records from institutional care to determine a case plan that would fit the parent’s needs.
• A parent who suffers from an intellectual disability, consistently described as “low-functioning,” yet the CHFS case plan has set a goal for the parent to be “self-sufficient” in order to reunify the family. At no point has the CHFS done anything other than make referrals for services for a parent who cannot complete basic executive functioning tasks.

These examples help illustrate how SB 26 doesn’t just change policy—it protects real people from being written off unjustly.

Holding CHFS Accountable

The amended statutes make it clear: if CHFS skips the required evaluation or fails to offer services, they may no longer rely on disability as a basis for denial or termination. Courts are now empowered—indeed required—to examine whether CHFS has done its due diligence before approving a petition to terminate parental rights or denying a kinship placement.

That’s where our team at Helmers + Associates comes in. We are committed to holding the Commonwealth accountable to the letter and spirit of these reforms. Our firm is prepared to:

• Demand documentation of assessments and service offers from CHFS.
• Challenge denials that fail to meet the law’s new standard.
• Defend disabled parents and caregivers against unfair assumptions and unequal treatment.

What Families Should Know

If you are a parent or relative caregiver with a disability and are involved in a child welfare case:

• You have the right to an individual assessment before CHFS can make any decisions based on your disability.
• You have the right to be offered supportive services that could enable you to safely parent or care for a child.
• You have the right to appeal CHFS decisions that don’t comply with this law.

Final Thoughts

SB 26 is a milestone in Kentucky’s movement toward an equitable child welfare system. We are highly encouraged to see this example of leadership from Chief Justice Debra Lambert result in a bill with such strong bipartisan support. We are not surprised to see Chief Justice Lambert quoted on this issue, given her strong dissent in Commonwealth v. K.S., 585 S.W.3d 202, 225-229 (Ky. 2019) which called to attention the Cabinet’s federal mandate under the Americans with Disabilities Act (ADA) to “to make reasonable modifications in [its] provision of services to avoid discriminating against disabled individuals.” The law now aligns Kentucky statutes with the ADA and strengthens transparency by requiring that decisions be thoroughly documented and records retained.

But like all legal reforms, its power lies in how it’s enforced. We have seen that CHFS social workers have no training on meeting the standards of the ADA. They have no understanding of how to even make reasonable accommodations or modifications to service case plans. At Helmers + Associates, we are proud to stand with parents and families affected by disability, and we will continue to fight for a system that sees ability—not just barriers.

If you or a loved one are navigating a CHFS case involving disability, contact us today. You don’t have to face this system alone—and now, the law is on your side.