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Good morning again,<br><br>
<br><br>
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!<br><br>
<br>
<a name="OLE_LINK5"></a><br>
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TO:
Members of the 2022 Minnesota Legislature<br><br>
FROM:
The National Federation of the Blind of Minnesota (NFBMN)<br><br>
RE:
Legislative Agenda for the 2022 Session<br><br>
DATE:
February 2, 2022<br><br>
<br><br>
<div align="center"><h1><b>Legislative Priority: <br>
Protect Civil Rights of Blind Parents <br>
HF 2458/SF 1370</b></h1><br><br>
</div>
<br><br>
<b>Issue</b>: 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.<br><br>
<br><br>
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.<br><br>
<br><br>
<b>Background:</b> 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.
<br><br>
<br><br>
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
<a href="https://www.nfb.org/sites/www.nfb.org/files/images/nfb/publications/brochures/blindparents/parentingwithoutsight.html">
capabilities of blind individuals to care for children</a> are often
brought into question even when they have been successfully caring for
their children for many years.<br><br>
<br><br>
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. <br><br>
<br><br>
In September 2012, the National Council on Disability issued a report
entitled
<a href="https://ncd.gov/publications/2012/sep272012/"><i>Rocking the
Cradle: Ensuring the Rights of Parents with Disabilities and Their
Children</a></i>. This report states that parents with disabilities, “are
the only distinct community of Americans who must struggle to retain
custody of their children.” <a name="_Hlk506999759"></a>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.”<br><br>
<br><br>
<b>Existing Law:</b> 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.<br><br>
<br><br>
<div align="center"><b>Protect and Strengthen the Rights of Blind Parents
and their children<br>
</b></div>
<br>
<div align="center"><b>SUPPORT HF2458/SF1370<br>
</b></div>
<br>
<br><br>
<i>Additional priorities may offer opportunity for legislative action
during this session.<br>
</i><br>
<br><br>
<div align="center"><h1><b>About the NFB of Minnesota</b></h1><br><br>
</div>
<br><br>
This information is provided by the members of the
<a href="http://www.nfbmn.org/about/resolutions">National Federation of
the Blind of Minnesota</a> (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. <br><br>
<br><br>
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.<br><br>
<br><br>
<h1><b>Contact Us</b></h1><br><br>
<br><br>
<b><i>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
<a href="mailto:president@nfbmn.org">president@nfbmn.org</a><br>
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