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Assembly Bill A9223

2013-2014 Legislative Session

Enacts the "Blind Person's Right to Parent Act"

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Archive: Last Bill Status - In Assembly Committee

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2013-A9223 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Add Art 14 ยงยง260 & 261, Dom Rel L
Versions Introduced in 2015-2016 Legislative Session:
A4502

2013-A9223 (ACTIVE) - Summary

Enacts the "Blind Person's Right to Parent Act".

2013-A9223 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9223

                          I N  A S S E M B L Y

                              April 2, 2014
                               ___________

Introduced  by M. of A. CLARK -- read once and referred to the Committee
  on Judiciary

AN ACT to amend the domestic relations law, in relation to enacting  the
  "Blind Person's Right to Parent Act"

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may  be  cited  as  the  "Blind
Person's Right to Parent Act".
  S  2. The domestic relations law is amended by adding a new article 14
to read as follows:
                               ARTICLE 14
                     BLIND PERSON'S RIGHT TO PARENT
SECTION 260. DEFINITIONS.
        261. CONSIDERATION OF BLINDNESS DURING GUARDIANSHIP, CUSTODY  OR
               VISITATION PROCEEDINGS.
  S  260.  DEFINITIONS. IN THIS ARTICLE, THE TERM "BLIND" OR "BLINDNESS"
MEANS:
  (A) VISION THAT IS 20/200 OR LESS IN THE BEST CORRECTED EYE; OR
  (B) VISION THAT SUBTENDS AN ANGLE OF NOT GREATER THAN  20  DEGREES  IN
THE BEST CORRECTED EYE.
  S  261.  CONSIDERATION  OF  BLINDNESS  DURING GUARDIANSHIP, CUSTODY OR
VISITATION PROCEEDINGS. IN MAKING A DISPOSITION ON GUARDIANSHIP, CUSTODY
OR VISITATION PROCEEDINGS WHERE A PARTY IS BLIND, THE COURT MAY NOT DENY
THAT PARTY SOLELY BECAUSE THAT PARTY IS  BLIND.  THE  BLINDNESS  OF  THE
PARTY  IS  RELEVANT  ONLY  TO  THE EXTENT THAT THE COURT FINDS, BASED ON
EVIDENCE IN THE RECORD, THAT THE BLINDNESS AFFECTS THE BEST INTEREST  OF
THE CHILD.
  S  3.  Within  90  days  of the passage of this act, the department of
social welfare shall adopt regulations that prohibit  a  local  district
from  seeking  the  custody  or guardianship of a child for placement in
foster care solely because the  child's  parent  or  legal  guardian  is
blind.
  S 4. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14522-01-4

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