Assembly Bill A1071

2017-2018 Legislative Session

Prohibits the making of decisions concerning guardianship, custody or visitation or adoption petitions solely on the basis of a parent's, guardian's or custodian's blindness

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A1071 (ACTIVE) - Details

See Senate Version of this Bill:
S3266
Current Committee:
Assembly Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Add §§75-m & 111-d, Dom Rel L; add §§643 & 658, Fam Ct Act; add §393, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2013-2014: A9371
2015-2016: A5069, S4264
2019-2020: A1721, S4536
2021-2022: A2113, S4407

2017-A1071 (ACTIVE) - Summary

Prohibits the making of decisions concerning guardianship, custody or visitation or adoption petitions solely on the basis of a parent's, guardian's or custodian's blindness; prohibits 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 prohibits the department of social services from taking actions solely because a parent, custodian or guardian is blind.

2017-A1071 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1071
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2017
                                ___________
 
 Introduced  by M. of A. SIMON, COLTON, CRESPO, GALEF, GOTTFRIED, MOSLEY,
   ROSENTHAL,  SKARTADOS,  BENEDETTO,  BLAKE,  ORTIZ,  WEPRIN,   LUPARDO,
   SEPULVEDA,  QUART,  JAFFEE,  GOODELL -- Multi-Sponsored by -- M. of A.
   ARROYO, BLANKENBUSH, COOK,  CROUCH,  HEVESI,  LUPINACCI,  MALLIOTAKIS,
   McDONALD,  PRETLOW, SEAWRIGHT, WALTER -- read once and referred to the
   Committee 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".
   § 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-

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

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