FRANKFORT, Ky. – Feb. 4, 2025 – The cornerstone of the Kentucky Judicial Commission on Mental Health’s 2025 legislative package has been introduced in the Kentucky Senate. Senate Bill 26 seeks to protect the rights of parents and prospective adoptive families by ensuring that disability alone cannot be used as grounds for denying adoption petitions or terminating parental rights.

“Senate Bill 26 represents an important step forward in ensuring that Kentucky’s judicial system treats all individuals and families with dignity and fairness,” said Family Court Judge Marcus L. Vanover, who is a member of KJCMH and chief circuit judge in Lincoln, Pulaski and Rockcastle counties. “By prioritizing this legislation, the commission reaffirms its dedication to strengthening the support systems available to vulnerable populations across the commonwealth.”

Key elements of SB 26 include:

• Clarifies definitions: Establishes a precise definition of “disability” within state law (Kentucky Revised Statute 199.011) to ensure uniformity and consistency in decision-making.
• Prevents discrimination: Amends state law (KRS 199.471) to prohibit the denial of adoption or child placement petitions based solely on an applicant’s disability.
• Enhances accountability: Requires a thorough review process for placement decisions involving disability considerations with documentation maintained for transparency.
• Safeguards parental rights: Updates state laws (KRS 625.050 and KRS 625.090) to ensure parental rights are not terminated based solely on disability while encouraging courts to consider reasonable accommodations and supports tailored to individual needs.

Judge Vanover said including SB 26 in the KJCMH’s legislative priorities underscores the commission’s commitment to advancing policies that address the intersection of the justice system, mental health, substance use, and intellectual and developmental disabilities.

Established by Supreme Court Order in 2022, the KJCMH works to identify and implement transformational changes that promote equity, access and support for individuals and families navigating complex challenges involving these issues.

“This bill promotes fairness and transparency in decisions involving child placement while ensuring that families receive the resources they need to thrive,” said Sen. Brandon Storm of London, the primary sponsor of the bill and Senate Judiciary Committee chair. “By removing barriers, we empower Kentucky families to build strong, inclusive futures.”

Storm will present SB 26 to the committee Thursday at its regular meeting at 9 a.m. EST in Room 149 of the Capitol Annex.

KET livestreams all Senate and House of Representative proceedings in their chambers and many legislative committee meetings. Visit https://kcoj.info/KETLegislature on Thursday to see if KET will stream the Senate Judiciary meeting. Watch a livestream of the meeting from the Legislative Research Commission on YouTube at https://kcoj.info/LRCLivestream.

For additional information on SB 26 and the KJCMH, please visit https://kcoj.info/KJCMH.

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