senate Bill S4407

Signed By Governor
2021-2022 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

download bill text pdf

Sponsored By

Current Bill Status Via A2113 - Signed by Governor


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

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Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 08, 2021 signed chap.442
Sep 28, 2021 delivered to governor
Jun 03, 2021 returned to assembly
passed senate
3rd reading cal.1444
substituted for s4407
Jun 03, 2021 substituted by a2113
Jun 02, 2021 ordered to third reading cal.1444
committee discharged and committed to rules
Feb 04, 2021 referred to children and families

Co-Sponsors

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S4407 (ACTIVE) - Details

See Assembly Version of this Bill:
A2113
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: S4264, A5069
2017-2018: S3266, A1071
2019-2020: S4536, A1721

S4407 (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.

S4407 (ACTIVE) - Sponsor Memo

S4407 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4407
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2021
                                ___________
 
 Introduced  by  Sens. PARKER, ADDABBO, GALLIVAN, GRIFFO, RIVERA, SAVINO,
   SEPULVEDA -- read twice and ordered printed, and when  printed  to  be
   committed to the Committee on Children and Families
 
 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-
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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