[MN-at-Large] Fact Sheet for Day at the Capitol

[David Andrews]

>
>Good morning again,
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>
>
>Here is the fact sheet about this year’s 
>legislative priority for our Day at the Capitol. 
>Participants on the day will receive more 
>logistical and other info soon. Whether or not 
>you can be there on February 2, there will be 
>plenty of other opportunities to help as we move 
>through the legislative session. Thank you!
>
>
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>TO:                  Members of the 2022 Minnesota Legislature
>
>FROM:             The National Federation of the Blind of Minnesota (NFBMN)
>
>RE:                  Legislative Agenda for the 2022 Session
>
>DATE:             February 2, 2022
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>Legislative Priority:
>Protect Civil Rights of Blind Parents
>HF 2458/SF 1370
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>Issue: Blind people who are competent parents 
>have sometimes been denied the opportunity for 
>adoption, or have lost child custody or 
>parenting time on the basis of blindness, 
>without specific evidence supporting the 
>decision. In 2015, the Minnesota legislature 
>took a step toward addressing the problem with 
>amendments to statute, but stronger protection 
>under the law is needed to eliminate the bias 
>and discrimination that blind people face in 
>court decisions regarding custody/parenting 
>time, visitation, foster care, guardianship, or adoption.
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>The proposed legislative solution includes 
>procedural safeguards if blindness is raised as 
>a factor­setting a proper legal standard of 
>proof, shifting the burden to the party making 
>the assertion, and taking into account the use 
>of supportive parenting services if such 
>services are needed.  This legislation does not 
>require new services or additional funding.
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>Background: Social service agencies today are 
>often asked to conduct investigations to ensure 
>that children receive proper care and adequate 
>protection. Our courts are then called upon to 
>settle child custody disputes. Like other 
>members of the general public, blind people have 
>sometimes found themselves in the midst of child 
>custody and other family disputes. 
>Unfortunately, a parent’s or prospective 
>parent's lack of vision often becomes the 
>overriding factor used by the courts and social 
>service agencies when making decisions about the 
>care of children.  Since blindness is not well 
>understood by court and agency officials, it can 
>become the primary factor in denying custody to 
>blind parents and guardians even when it is not a relevant factor at all.
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>The National Federation of the Blind has 
>documented thousands of cases of blind people 
>who are successfully raising children, many 
>right here in Minnesota.  This vast experience 
>demonstrates that blindness is not a relevant 
>factor in whether a person is fit to be a 
>parent. We have represented many blind people in 
>child custody cases across the country, as well 
>as in other situations involving the care of 
>children.  Unfortunately, blatant discrimination 
>still occurs in too many of these cases.  The 
><https://www.nfb.org/sites/www.nfb.org/files/images/nfb/publications/brochures/blindparents/parentingwithoutsight.html>capabilities 
>of blind individuals to care for children are 
>often brought into question even when they have 
>been successfully caring for their children for many years.
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>When a custody dispute arises between blind and 
>sighted spouses, the sighted spouse frequently 
>makes unsubstantiated accusations about the 
>incompetence of the blind spouse. In other legal 
>proceedings, the defendant is deemed innocent 
>until proven guilty. In custody cases, however, 
>court officials assume that the blind defendant 
>is incompetent or guilty.  Frequently this 
>defendant has to prove that the accusations are false.
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>
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>In September 2012, the National Council on 
>Disability issued a report entitled 
><https://ncd.gov/publications/2012/sep272012/>Rocking 
>the Cradle: Ensuring the Rights of Parents with 
>Disabilities and Their Children. This report 
>states that parents with disabilities, “are the 
>only distinct community of Americans who must 
>struggle to retain custody of their children.” 
>The report goes on to say, “In families where 
>the parental disability is physical, 13 percent 
>have reported discriminatory treatment in 
>custody cases. Parents who are deaf or blind 
>report extremely high rates of child removal and loss of parental rights.”
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>Existing Law: The Minnesota Legislature has 
>demonstrated its understanding that disabled 
>parents should not be denied a role in raising 
>their children merely on the basis of 
>disability. MS 518.17 Subdivision 1b(5) states 
>that "Disability alone, ... of a proposed 
>custodian or the child shall not be 
>determinative of the custody of the child." 
>Although this law was a positive step, the 
>language should be strengthened to require a 
>judge to be more specific about the reasons for 
>a decision­in other words, to require the court 
>to show that no discrimination has occurred. 
>Additionally, the law should be changed to offer 
>a blind parent the opportunity to demonstrate 
>his abilities or to learn about supportive 
>parenting services which may resolve concerns 
>before limiting or denying custody rights.
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>Protect and Strengthen the Rights of Blind Parents and their children
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>SUPPORT HF2458/SF1370
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>Additional priorities may offer opportunity for 
>legislative action during this session.
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>About the NFB of Minnesota
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>This information is provided by the members of 
>the 
><http://www.nfbmn.org/about/resolutions>National 
>Federation of the Blind of Minnesota (NFBMN), 
>the state’s oldest, largest, and most active 
>membership organization of blind and interested 
>sighted people, who have worked together since 
>1920 to formulate much-needed social 
>change.  With chapters throughout the state, we 
>deliver a message of hope and encouragement that 
>blindness need not hold us back. We promote 
>policies that will bring blind people of all 
>ages into full participation in our communities.
>
>
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>Over the years, we have worked successfully with 
>the Legislature to enact laws that improve 
>opportunities for blind Minnesotans, and you can 
>help us again this year.  We want to share with 
>you a positive approach to the legislative needs 
>of blind individuals.  We ask that you consider 
>this information about our current efforts and lend your support.
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>Contact Us
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>For further information on these legislative 
>priorities, or should questions arise on any 
>matters affecting blind people anywhere in 
>Minnesota, contact Ryan Strunk, President, 
>National Federation of the Blind of Minnesota, 
>at (612) 872-9363 or <mailto:president at nfbmn.org>president at nfbmn.org
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