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

                                  9371

                          I N  A S S E M B L Y

                             April 23, 2014
                               ___________

Introduced  by M. of A. MILLMAN -- read once and referred to the Commit-
  tee on Judiciary

AN ACT to amend the domestic relations law and the family court act,  in
  relation  to  prohibiting the making of decisions concerning guardian-
  ship, custody or visitation or adoption petitions solely on the  basis
  of  a  parent's, guardian's or custodian's blindness; and to amend the
  social services law, in relation  to  prohibiting  the  department  of
  social  services  from  denying,  deciding  or  opposing a petition or
  request for guardianship, custody or  visitation  solely  because  the
  petitioner  is blind and to prohibiting a local social services agency
  from taking actions solely because a parent, custodian or guardian  is
  blind

  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
persons right to parent act".
  S 2. Legislative intent. The legislature finds the following:
  a. All blind Americans have the right to found a family, to freely and
responsibly  decide  on the number and spacing of their children, and to
retain the custody of their offspring on an  equal  basis  with  others.
This  right  to  parent is rooted in the due process clause of the Four-
teenth Amendment; however, blind people  are  often  stripped  of  these
constitutional rights when state statutes, judicial decisions, and child
welfare  practices  are based on the presumption that blindness automat-
ically means parental incompetence.
  b. The presumption that blindness automatically means parental  incom-
petence is a misconception. Given the proper tools and education, blind-
ness  can be reduced to a physical nuisance. Because many sighted people
do not understand the techniques that blind  people  use  to  accomplish
everyday  tasks,  sighted  judges,  social  workers,  and state official
assume that those tasks cannot be completed by a blind  person.    Using
alternative  techniques, blind people are capable of living independent,
productive lives, which include providing  safe  and  loving  homes  for
their  children.  For  example, blind people put small tactile dots over

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

                                                           LBD14454-01-4

A. 9371                             2

markers on stoves, washing machines, and other  flat  surfaces  so  that
they  can independently operate those devices. Specific to raising chil-
dren, blind parents may have their young children wear a small  bell  on
their  shoes so the child's location can be known to the parents.  Blind
parents will also pull a stroller  behind  them  rather  than  push  the
stroller  in  front  of  them so their long white cane or guide dog will
find obstacles or enter an intersection before the child and stroller.
  c. When sighted parents are involved in  a  guardianship,  custody  or
visitation  proceeding,  their parental capabilities and how those capa-
bilities affect the best interest of the child are thoroughly  evaluated
through a careful review of evidence. Too often, however, judges summar-
ily  dismiss  a blind parent's capabilities under the misconception that
blind people are incapable of most anything, despite evidence on  record
proving  otherwise.  Blind  parents  involved  in these proceedings must
first overcome any bias or low expectations of the judge, and then  also
provide  evidence  negating  those  misconceptions  above and beyond the
normal burden placed on sighted parents.
  d. Widespread misconceptions about blindness  often  trigger  a  state
agency to act, unsolicited, against the wishes of a blind parent. One of
many  countless, devastating reports of discrimination occurred in 2010,
when the state of Missouri wrongfully deemed a blind  couple  unable  to
care  for  their  2-day old daughter, who remained in protective custody
until the family was reunited after a 57-day battle. These  parents  had
done  nothing  to demonstrate parental incompetence other than happening
to have had a child and been blind, and yet the agency solely considered
their blindness and decided to take action. In fact, the  Missouri  case
and  many  others,  the parents had voluntarily contacted social service
officials themselves in order to  seek  advice  and  assistance  and  to
ensure that all of their child's needs were being met, but instead found
themselves stripped of custody. Thus, hasty actions on the part of state
social  welfare  officials  can  discourage  blind  parents from seeking
services and assistance for which they and their children are eligible.
  e. During custody proceedings in cases of divorce, where one parent is
blind and the other is sighted, the sighted parent will often try to use
the other parent's blindness as a tool to deny the blind  parent  custo-
dial  rights. Because custody proceedings related to a divorce are often
hostile, the court should demand that each party demonstrate evidence of
the other party's incompetence. However, courts often  assume  that  the
sighted party is accurate in portraying the blind parent as incompetent,
and  make custody and visitation decisions based solely on the fact that
one parent is blind. These decisions can range from limiting or  denying
visitation  unless  a  sighted  person is present at all times to simply
denying the blind parent all custodial rights. This is not only  discri-
minatory;  it denies the blind parent a fair chance at custody and opens
courts to manipulation.
  S 3. The domestic relations law is amended by  adding  a  new  section
75-m to read as follows:
  S  75-M.  CONSIDERATION  OF  BLINDNESS DURING GUARDIANSHIP, CUSTODY OR
VISITATION PROCEEDINGS.  1. THE COURT MAY NOT DENY OR DECIDE A  PETITION
FOR  GUARDIANSHIP,  CUSTODY  OR  VISITATION SOLELY ON THE BASIS THAT THE
PETITIONER IS BLIND. THE BLINDNESS OF THE PETITIONER SHALL BE CONSIDERED
RELEVANT ONLY TO THE EXTENT THAT THE COURT FINDS, BASED ON  EVIDENCE  IN
THE  RECORD,  THAT THE BLINDNESS AFFECTS THE BEST INTERESTS OF THE CHILD
WHOSE GUARDIANSHIP, CUSTODY OR VISITATION IS THE SUBJECT  OF  THE  PETI-
TION.
  2. AS USED IN THIS SECTION, "BLIND" OR "BLINDNESS" MEANS:

A. 9371                             3

  A. VISION THAT IS 20/200 OR LESS IN THE BEST CORRECTED EYE; OR
  B. VISION THAT SUBTENDS AN ANGLE OF NOT GREATER THAN TWENTY DEGREES IN
THE BEST CORRECTED EYE.
  S  4.  The  domestic  relations law is amended by adding a new section
111-d to read as follows:
  S 111-D. CONSIDERATION OF BLINDNESS DURING  ADOPTION  PROCEEDINGS.  1.
THE  COURT  MAY NOT DENY OR DECIDE A PETITION FOR ADOPTION SOLELY ON THE
BASIS THAT THE PETITIONER IS BLIND.  THE  BLINDNESS  OF  THE  PETITIONER
SHALL  BE  CONSIDERED  RELEVANT ONLY TO THE EXTENT THAT THE COURT FINDS,
BASED ON EVIDENCE IN THE RECORD, THAT THE  BLINDNESS  AFFECTS  THE  BEST
INTERESTS OF THE CHILD WHOSE ADOPTION IS THE SUBJECT OF THE PETITION.
  2. AS USED IN THIS SECTION, "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 TWENTY DEGREES IN
THE BEST CORRECTED EYE.
  S  5.  The  family court act is amended by adding a new section 643 to
read as follows:
  S 643. CONSIDERATION OF BLINDNESS DURING ADOPTION PROCEEDINGS. 1.  THE
COURT MAY NOT DENY OR DECIDE A PETITION FOR ADOPTION SOLELY ON THE BASIS
THAT THE PETITIONER IS BLIND. THE BLINDNESS OF THE PETITIONER  SHALL  BE
CONSIDERED  RELEVANT  ONLY  TO THE EXTENT THAT THE COURT FINDS, BASED ON
EVIDENCE IN THE RECORD, THAT THE BLINDNESS AFFECTS THE BEST INTERESTS OF
THE CHILD WHOSE ADOPTION IS THE SUBJECT OF THE PETITION.
  2. AS USED IN THIS SECTION, "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 TWENTY DEGREES IN
THE BEST CORRECTED EYE.
  S 6. The family court act is amended by adding a new  section  658  to
read as follows:
  S  658.  CONSIDERATION  OF  BLINDNESS  DURING GUARDIANSHIP, CUSTODY OR
VISITATION PROCEEDINGS. 1. THE COURT MAY NOT DENY OR DECIDE  A  PETITION
FOR  CUSTODY  OR  VISITATION  UNDER THIS PART OR GUARDIANSHIP UNDER PART
FOUR OF THIS ARTICLE SOLELY ON THE BASIS THAT THE PETITIONER  IS  BLIND.
THE BLINDNESS OF THE PETITIONER SHALL BE CONSIDERED RELEVANT ONLY TO THE
EXTENT  THAT  THE COURT FINDS, BASED ON EVIDENCE IN THE RECORD, THAT THE
BLINDNESS AFFECTS THE BEST INTERESTS OF THE  CHILD  WHOSE  GUARDIANSHIP,
CUSTODY OR VISITATION IS THE SUBJECT OF THE PETITION.
  2. AS USED IN THIS SECTION, "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 TWENTY DEGREES IN
THE BEST CORRECTED EYE.
  S 7. The social services law is amended by adding a new section 393 to
read as follows:
  S  393.  CONSIDERATION  OF  BLINDNESS  DURING GUARDIANSHIP, CUSTODY OR
ADOPTION PROCEEDINGS. 1. THE DEPARTMENT MAY NOT DENY, DECIDE OR OPPOSE A
PETITION OR REQUEST FOR GUARDIANSHIP, CUSTODY OR VISITATION  UNDER  THIS
ARTICLE  SOLELY  ON  THE  BASIS THAT THE PETITIONER, PARENT, GUARDIAN OR
CUSTODIAN IS BLIND. THE BLINDNESS OF THE PETITIONER, PARENT, GUARDIAN OR
CUSTODIAN SHALL BE CONSIDERED RELEVANT  ONLY  TO  THE  EXTENT  THAT  THE
BLINDNESS  AFFECTS  THE  BEST INTERESTS OF THE CHILD WHOSE GUARDIANSHIP,
CUSTODY OR VISITATION IS THE SUBJECT OF THE PETITION.
  2. THE DEPARTMENT SHALL NOT SEEK CUSTODY OR GUARDIANSHIP  OF  A  CHILD
SOLELY  BECAUSE  THE CHILD'S PARENT, GUARDIAN OR CUSTODIAN IS BLIND. THE
BLINDNESS OF THE PARENT, GUARDIAN OR CUSTODIAN SHALL BE CONSIDERED RELE-
VANT ONLY TO THE EXTENT THAT THE BLINDNESS AFFECTS THE BEST INTERESTS OF

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THE CHILD WHOSE GUARDIANSHIP, CUSTODY OR VISITATION IS  THE  SUBJECT  OF
THE PETITION.
  3. AS USED IN THIS SECTION, "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 TWENTY DEGREES IN
THE BEST CORRECTED EYE.
  S 8. The commissioner of social services is authorized and directed to
promulgate rules and regulations necessary for the implementation of the
provisions of this act on or before its effective date.
  S  9.  This  act shall take effect on the ninetieth day after it shall
have become a law.