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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.<br><br>
<br><br>
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TO:
Members of the 2023 Minnesota Legislature<br><br>
FROM:
The National Federation of the Blind of Minnesota (NFBMN)<br><br>
RE:
Legislative Agenda for the 2023 Session<br><br>
DATE:
January 18, 2023<br><br>
<br><br>
<div align="center"><h1><b>Legislative Priorities:</b></h1><br><br>
</div>
<br><br>
<br><br>
<h2><b>Protect Civil Rights of Blind Parents</b></h2><br><br>
<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>
<b>LEGISLATION NEEDED: </b>Protect and strengthen the civil rights of
blind parents and their children<br><br>
<h2><b> </b></h2><br><br>
<br>
<h2><b>Maintain and Improve Nonvisual Access to a Secret
Ballot</b></h2><br><br>
<br><br>
<b>Background</b>: 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.<br><br>
<br><br>
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.<br><br>
<br><br>
<b>LEGISLATION NEEDED:</b> 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.<br><br>
<br><br>
<h2><b>Increase Investment in Public Transportation</b></h2><br><br>
<br><br>
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.<br><br>
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.<br><br>
<br><br>
<b>LEGISLATION NEEDED:</b> maintain and improve public transportation
throughout Minnesota, expanding access and opportunity for all.<br><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 Steve Jacobson, President, National Federation of the
Blind of Minnesota, at (612) 872-9363 or
<a href="mailto:president@nfbmn.org">president@nfbmn.org</a><br>
</i></b><br>
<br><br>
Best regards,<br><br>
<br><br>
Steve Jacobson, President<br><br>
Pronouns: he, him, his<br><br>
<a href="http://www.nfbmn.org">www.nfbmn.org</a><br><br>
<a href="http://www.nfb.org/" eudora="autourl">www.nfb.org</a><br><br>
(612) 872-9363<br><br>
Live the life you Want<br>
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