[Nfbwv-talk] Proposed Legislation

[Jack Yahnke]

Charlene,

I can't believe that in today's society, legislation such as this is even
necessary.  How barbaric!  Many thanks to Brad and Mr. Diggs.

Jack


-----Original Message-----
From: Nfbwv-talk [mailto:nfbwv-talk-bounces at nfbnet.org] On Behalf Of Smyth,
Charlene R via Nfbwv-talk
Sent: Friday, February 05, 2016 2:50 PM
To: NFB of West Virginia Discussion List (nfbwv-talk at nfbnet.org)
<nfbwv-talk at nfbnet.org>
Cc: Smyth, Charlene R <Charlene.R.Smyth at wv.gov>
Subject: [Nfbwv-talk] Proposed Legislation

Greetings Fellow Federationists,

Parnell Diggs, Director of Governmental Affairs at our national office, is
following-up on the parental rights model state bill. Parnell advises that
some states have already begun to move on this initiative, and he hopes
others will follow suit. Our goal is to get this bill introduced in passed
in states across the nation as soon as possible.  In an effort to make this
happen in West Virginia, I am asking that Brad Hodges, our Legislative
Director, take the lead on this and that we make ourselves available to him
should he call on us for our support and/or assistance.  A copy of the
proposed bill is shown below for your review.

Brad, please let us know when you begin this effort and supply us with
periodic updates so we can step in and help if needed.  I also want to thank
you for representing West Virginia at the Legislative Seminar and the March
on Washington during such adverse conditions.

A Bill on Parental Rights for the Blind

AN ACT TO PRESERVE FAMILIES THAT INCLUDE A PARENT WHO IS BLIND

STATE MODEL BILL

SECTION 1. Findings

The Legislature finds that ---

a.   individuals continue to face unfair, preconceived, and unnecessary
societal biases as well as antiquated attitudes regarding their ability to
successfully parent their children;
b.   Blind individuals 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;
c.   Because of these societal biases and antiquated attitudes, children of
blind parents are unnecessarily being removed from their parents' care or
being restricted from enjoying meaningful time with their parents;
d.   Children are being denied the opportunity to enjoy the experience of
living in loving homes with blind parents or other blind care takers.

SECTION 2. Purpose

To protect the best interests of children parented by blind individuals or
children who could be parented by blind individuals through the
establishment of procedural safeguards that require adherence to the ADA and
respect for the due process and equal protection rights of blind parents or
prospective blind parents in the context of child welfare, foster care,
family law and adoption.

SECTION 3. Definitions

a.   Blindness:  For purposes of this Title/Article, blindness is defined as
central visual acuity of 20/200 or less in the better eye with the use of a
correcting lens.  An eye that has a limitation in the field of vision so
that the widest diameter of the visual field subtends an angle no greater
than 20 degrees is considered to have a central visual acuity of 20/200 or
less.  An individual shall also be considered blind if that individual has a
degenerative condition that reasonably can be expected to result in
blindness.
b.   Supportive parenting services:  For purposes of this Title/Article,
supportive parenting services are services that may assist a blind parent or
prospective blind parent in the effective use of non-visual techniques and
other alternative methods to enable the parent or prospective parent to
discharge parental responsibilities as successfully as a parent who is not
blind.
SECTION 4. 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 interest
of the child.
b.   A prospective parent's blindness shall not serve as a basis for his or
her denial of participation in public or private adoption when the adoption
is determined to be otherwise in the best interest 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 interest 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 behaviors are
endangering 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 to review the need for continuation of such services
within a reasonable period of time.
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 that must be
made to prevent such denial or limitation.
(c)2015 All Rights Reserved - Copyright 2015 NFB





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