[NFBOH-Cleveland] HB 309 Protecting Parental Rights

[Cheryl Fields]

 HB 309: A BILL PROTECTING PARENTAL RIGHTS FOR THE BLIND
Summary:
Blind people continue to face unfair, preconceived, and unnecessary
societal biases and antiquated attitudes about their ability to parent
their children successfully. They face these biases and preconceived
attitudes in family and dependency law proceedings, where custody and
visitation are at stake, and in public and private adoption,
guardianship, and foster care proceedings. Because of these biases and
attitudes, children of blind parents are being removed from their
parents’ care unnecessarily or are being restricted from enjoying
meaningful time with their parents. Children are being denied the
opportunity to enjoy the experience of living in loving homes with
blind parents or other blind care givers. Newborns have been removed
from their parents’ care because a social worker assumes that a blind
person cannot care for an infant. Blind parents have been denied
custody of children in divorce cases because the sighted spouse claims
that the blind parent obviously cannot keep the child safe despite the
fact that blind people around the state successfully care for their
children every day. The Legislature must establish  procedural
safeguards that require adherence to the Americans with Disabilities
Act and respect for the due process and equal protection rights of
blind parents or prospective blind parents in child welfare, foster
care, family law, and adoption.
Protections and Prohibitions:
a. A parent’s blindness shall not serve as a basis for denial or
restriction of visitation or custody in family or dependency law cases
when the visitation or custody is determined to be otherwise in the
best interests of the child.
b. A prospective parent’s blindness shall not serve as a basis for
denial of his or her participation in public or private adoption when
the adoption is determined to be otherwise in the best interests of
the child.
c. An individual’s blindness shall not serve as a basis for denial of
foster care or guardianship when the appointment is determined to be
otherwise in the best interests of the child.
d. Where a parent or prospective parent’s blindness is alleged to have
a detrimental impact on a child, the party raising the allegation
bears the burden of proving by clear and convincing evidence that the
blindness-connected behavior endangers or will likely endanger the
health, safety, or welfare of the child.
e. If this burden is met, the blind parent or prospective parent shall
have the opportunity to demonstrate how the implementation of
supportive parenting services can alleviate any concerns that have
been raised.  The court may require that such supportive parenting
services be put in place, with an opportunity within a reasonable
period of time to review the need for continuation of such services.
f. If a court determines that a blind parent’s right to custody,
visitation, foster care, guardianship, or adoption should be denied or
limited in any manner, the court shall make specific written findings
stating the basis for such a determination and why the provision of
supportive parenting services is not a reasonable accommodation to
prevent such denial or limitation.
WHAT YOU CAN DO:
Co- sponsor HB 309, which passed unanimously in the House, to protect
the rights of blind parents and prospective blind parents. Please
contact House sponsors Representative Anne Gonzales at (614) 466-4847
or Representative Jeffrey Rezabek at (614) 466-2960 for more
information.
Sheri Albers, National Federation of the Blind of Ohio, Legislative
Committee sheri.albers87 at gmail.com | (513) 886-8697.