Legislative business continue today at the Capitol.

A bill to protect the custody rights of parents with disabilities is gaining traction.

Our Jeanne Lefler has more on that.

The Kentucky Judicial Commission on Mental Health says too often families are separated simply because a parent has a mental or physical disability.

These cases end up in family court or as high as Kentucky's Supreme Court.

In this case, a mother with cognitive issues and mild autism had lost her parental rights.

It through the process, it was noted that more appropriate services were not offered to this parent in light of her disability, which may have constituted a violation of the Americans with Disabilities Act.

In this case, any risk of harm was built entirely upon the assumption that this person with mild cognitive defects could not parent.

While the termination was ultimately upheld, the justices were all concerned that with what services were being provided to the mother and whether those are sufficient to protect her constitutional rights.

Parents can't be denied custody or adoption just because they have a mental or physical disability.

If Senate Bill 26 becomes law, the Senate Judiciary Committee signed off on the bill, sending it to the full Senate.