(1) The court shall consider but is not limited to the following:
(a) Conduct toward any child of an abusive, cruel or sexual nature.
(b) Addictive or habitual use of intoxicating liquors, cannabis or controlled substances to the extent that parental ability has been substantially impaired.
(c) Physical neglect of the child or ward.
(d) Lack of effort of the parent to adjust the circumstances of the parent, conduct, or conditions to make it possible for the child or ward to safely return home within a reasonable time or failure of the parent to effect a lasting adjustment after reasonable efforts by available social agencies for such extended duration of time that it appears reasonable that no lasting adjustment can be effected.
(e) Criminal conduct that impairs the parent’s ability to provide adequate care for the child or ward.
(f) A mental health condition of the parent of such nature and duration as to render the parent incapable of providing proper care for the child or ward for extended periods of time.
(2) The court may not consider a parent’s disability, as that term is defined in the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), unless the parent’s conduct related to the disability is of such nature and duration as to render the parent incapable of providing proper care for the child or ward for extended periods of time. [1993 c.33 §140; 1997 c.873 §7; 2001 c.686 §24; 2003 c.396 §85; 2007 c.70 §199; 2017 c.21 §56; 2018 c.74 §1]