[Nfbwv-talk] Proposed Legislation

judy see judy49 at suddenlink.net
Thu Feb 11 15:54:55 UTC 2016 

Hi Everyone, I can believe it.  When I had my third baby, my last two are 
one year and a week apart, the nurses refused to bring my baby.  My husband, 
X, called from work and talked to them, but what if there wasn't a father to 
advocate?
----- Original Message ----- 
From: "Smyth, Charlene R via Nfbwv-talk" <nfbwv-talk at nfbnet.org>
To: "NFB of West Virginia Discussion List" <nfbwv-talk at nfbnet.org>
Cc: "Smyth, Charlene R" <Charlene.R.Smyth at wv.gov>
Sent: Thursday, February 11, 2016 10:20 AM
Subject: Re: [Nfbwv-talk] Proposed Legislation


>I agree, Jack, but it happens too often.  How awful to go through something 
>like that when it is supposed to be one of the most joyous times of a 
>parent's life.
>
> Charlene
>
>
> -----Original Message-----
> From: Nfbwv-talk [mailto:nfbwv-talk-bounces at nfbnet.org] On Behalf Of Jack 
> Yahnke via Nfbwv-talk
> Sent: Thursday, February 11, 2016 9:35 AM
> To: 'NFB of West Virginia Discussion List' <nfbwv-talk at nfbnet.org>
> Cc: Jack Yahnke <jack at seeinghandassociation.com>
> Subject: Re: [Nfbwv-talk] Proposed Legislation
>
> 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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