[MN-at-Large] 2023 Legislative Fact Sheet for Day at the Capitol

[David Andrews]

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>Here is the text of the fact sheet we will be 
>handing out to legislators on Wednesday.  This 
>will give you an idea of our approach as we talk to our legislators.
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>TO:                  Members of the 2023 Minnesota Legislature
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>FROM:            The National Federation of the Blind of Minnesota (NFBMN)
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>RE:                  Legislative Agenda for the 2023 Session
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>DATE:             January 18, 2023
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>Legislative Priorities:
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>Protect Civil Rights of Blind Parents
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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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>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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>LEGISLATION NEEDED: Protect and strengthen the 
>civil rights of blind parents and their children
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>Maintain and Improve Nonvisual Access to a Secret Ballot
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>Background: The ability to cast a secret ballot 
>independently is a cornerstone of our democracy 
>that enables citizens to vote their conscience 
>without fear. As a result of the Help America 
>Vote Act (HAVA) and related state legislation, 
>blind Minnesotans have since 2006 been able to 
>cast a vote privately and independently in any 
>polling place in Minnesota by the use of 
>technology that displays and speaks the ballot 
>information and enables the voter to mark the 
>paper ballot. For almost twenty years, the NFB 
>of Minnesota has worked closely with the 
>Secretaries of State from both parties to 
>implement and improve this voting access.
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>However, new challenges have arisen with changes 
>to the general complexion of our voting process. 
>For example, the accessible voting machines 
>initially used in Minnesota are no longer 
>manufactured, and newer machines have different 
>requirements. Also, the circumstances brought 
>about by the pandemic have highlighted the need 
>for nonvisual access to voting by mail. Starting 
>with the 2020 election, temporary measures were 
>put in place to make most of the mail ballot 
>process usable by blind persons, but more work 
>is needed to make the process completely accessible.
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>LEGISLATION NEEDED: We understand that the 
>Minnesota Secretary of State will bring forth 
>legislation that will include nonvisual access 
>to the mail ballot voting process, incorporating 
>temporary changes already made along with needed 
>improvements.  Please support legislation to 
>maintain and improve the ability of blind 
>Minnesotans to vote privately and independently, both on-site and by mail.
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>Increase Investment in Public Transportation
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>Funding for infrastructure, including 
>transportation, has long been recognized by 
>legislative leaders as a top priority. In the 
>push for funds to improve roads and bridges, any 
>solution must also include dedicated, statewide 
>funding to maintain and expand Minnesota's 
>public transit system. Public transit is a 
>valuable Minnesota industry, directly employing 
>more than 3,700 Minnesotans and generating more than $750 million per year.
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>Public transportation provides a means for blind 
>Minnesotans and others who cannot drive cars to 
>contribute to get and maintain jobs. As more 
>jobs return to in-person work, expansion of 
>public transit around the state will give blind 
>Minnesotans more opportunities to work in more 
>locations, expanding their ability to support 
>themselves and contribute to the state’s 
>economy. It also provides crucial mobility in 
>communities throughout the state for the growing 
>population of senior citizens whose vision loss 
>prevents them from driving but who still need to 
>travel to doctors’ appointments and other 
>essential health or recreational 
>activities.  Some counties in Greater Minnesota 
>still have no transit service at all. Funding of 
>public transit throughout the state must be increased.
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>LEGISLATION NEEDED: maintain and improve public 
>transportation throughout Minnesota, expanding access and opportunity for all.
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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 Steve Jacobson, 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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>Best regards,
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>Steve Jacobson, President
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>Pronouns: he, him, his
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><http://www.nfbmn.org>www.nfbmn.org
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>www.nfb.org
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>(612) 872-9363
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>Live the life you Want
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