Bill Text: AZ SB1198 | 2018 | Fifty-third Legislature 2nd Regular | Engrossed
Bill Title: Blind persons' rights; adoption; custody
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-03-23 - Chapter 54 [SB1198 Detail]
Download: Arizona-2018-SB1198-Engrossed.html
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Senate Engrossed |
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State of Arizona Senate Fifty-third Legislature Second Regular Session 2018
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SENATE BILL 1198 |
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AN ACT
amending Title 8, chapter 1, article 1, Arizona Revised Statutes, by adding section 8-136; amending Title 8, chapter 4, article 4, Arizona Revised Statutes, by adding section 8-509.01; amending Title 8, chapter 4, article 9, Arizona Revised Statutes, by adding section 8-831; amending Title 14, chapter 5, article 2, Arizona Revised Statutes, by adding section 14-5213; amending Title 25, chapter 4, article 1, Arizona Revised Statutes, by adding section 25-417; relating to rights of blind persons.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 8, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 8-136, to read:
8-136. Adoptive parent's blindness; certification; grant of adoption; burden of proof; specific written findings; definitions
A. A court may not refuse to do either of the following:
1. Certify a prospective adoptive parent as acceptable to adopt children based on the prospective adoptive parent's blindness, if the prospective adoptive parent is otherwise acceptable to adopt children.
2. grant an adoption to a potential adoptive parent based on the prospective adoptive parent's blindness, if the adoption is determined to be otherwise in the best interests of the child.
B. If a prospective adoptive parent's blindness is alleged to have a detrimental impact on a child, the party who raises the allegation has the burden of proving by clear and convincing evidence that the prospective adoptive parent's behavior endangers or is likely to endanger the health, safety or welfare of the child.
C. If the court denies or limits the grant of the adoption to the prospective adoptive parent, the court shall make specific written findings that state the basis of the denial or limitation.
D. For the purposes of this section:
1. "Blindness" means having either of the following:
(a) A central visual acuity of 20/200 or less in the better eye with the use of a correcting lens.
(b) A degenerative condition that reasonably can be expected to result in a central visual acuity of 20/200 or less in the better eye with the use of a correcting lens.
2. "Central visual acuity of 20/200 or less" includes having a limitation in the field of vision so that the widest diameter of the visual field subtends an angle of not more than twenty degrees.
Sec. 2. Title 8, chapter 4, article 4, Arizona Revised Statutes, is amended by adding section 8-509.01, to read:
8-509.01. Prospective foster parent's blindness; burden of proof; specific written findings; definitions
A. The department may not refuse to license a foster home based on a prospective foster parent's blindness, if the foster home otherwise qualifies for licensure.
B. If a prospective foster parent's blindness is alleged to have a detrimental impact on the operation of the foster home, the person who raises the allegation has the burden of showing by clear and convincing evidence that the prospective foster parent's behavior endangers or is likely to endanger the health, safety or welfare of a child placed with the foster home.
C. If the department denies or limits the licensing of the foster home operated by the prospective foster parent, the department shall make specific written findings that state the basis of the denial or limitation.
D. For the purposes of this section:
1. "Blindness" means having either of the following:
(a) A central visual acuity of 20/200 or less in the better eye with the use of a correcting lens.
(b) A degenerative condition that reasonably can be expected to result in a central visual acuity of 20/200 or less in the better eye with the use of a correcting lens.
2. "Central visual acuity of 20/200 or less" includes having a limitation in the field of vision so that the widest diameter of the visual field subtends an angle of not more than twenty degrees.
Sec. 3. Title 8, chapter 4, article 9, Arizona Revised Statutes, is amended by adding section 8-831, to read:
8-831. Parent's blindness; burden of proof; specific written findings; definitions
A. A court may not do either of the following:
1. Authorize the removal of a child from the child's home based on the blindness of the child's parent, if it is otherwise in the best interests of the child to remain in the child's home.
2. Refuse to allow the visitation by or reunification of a parent with a child based on the blindness of the parent, if the visitation or reunification is otherwise in the best interests of the child.
B. If a parent's blindness is alleged to have a detrimental impact on a child, the party who raises the allegation has the burden of proving by clear and convincing evidence that the parent's behavior endangers or is likely to endanger the health, safety or welfare of the child.
C. If the court grants removal of the child or denies or limits the parent's visitation or reunification with the child, the court shall make specific written findings that state the basis of the Removal, denial or limitation.
D. For the purposes of this section:
1. "Blindness" means having either of the following:
(a) A central visual acuity of 20/200 or less in the better eye with the use of a correcting lens.
(b) A degenerative condition that reasonably can be expected to result in a central visual acuity of 20/200 or less in the better eye with the use of a correcting lens.
2. "Central visual acuity of 20/200 or less" includes having a limitation in the field of vision so that the widest diameter of the visual field subtends an angle of not more than twenty degrees.
Sec. 4. Title 14, chapter 5, article 2, Arizona Revised Statutes, is amended by adding section 14-5213, to read:
14-5213. Prospective guardian's blindness; burden of proof; specific written findings; definitions
A. A court may not refuse to appoint an individual as guardian of a minor based on the individual's blindness if the appointment is determined to be otherwise in the best interests of the minor.
B. If an individual's blindness is alleged to have a detrimental impact on a minor, the party who raises the allegation has the burden of proving by clear and convincing evidence that the individual's behavior endangers or is likely to endanger the health, safety or welfare of the minor.
C. If the court denies or limits the blind individual's appointment as guardian, the court shall make specific written findings that state the basis of the denial or limitation.
D. For the purposes of this section:
1. "Blindness" means having either of the following:
(a) A central visual acuity of 20/200 or less in the better eye with the use of a correcting lens.
(b) A degenerative condition that reasonably can be expected to result in a central visual acuity of 20/200 or less in the better eye with the use of a correcting lens.
2. "Central visual acuity of 20/200 or less" includes having a limitation in the field of vision so that the widest diameter of the visual field subtends an angle of not more than twenty degrees.
Sec. 5. Title 25, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 25-417, to read:
25-417. Parent's blindness; burden of proof; specific written findings; definitions
A. In determining parenting time or participation in legal decision‑making, the court may not consider a parent's blindness, unless the court specifically finds both of the following:
1. The blindness significantly or substantially inhibits the parent's ability to provide for the physical and emotional needs of the child.
2. The parent lacks sufficient human, monetary or other resources to supplement the parent's ability to provide for the physical and emotional needs of the child.
B. If a parent's blindness is alleged to have a detrimental impact on a child, the party who raises the allegation has the burden of proving by clear and convincing evidence that the findings prescribed in subsection A of this section exist.
C. If the court denies or limits parenting time or legal decision‑making, the court shall make specific written findings that state the basis of the denial or limitation.
D. For the purposes of this section:
1. "Blindness" means having either of the following:
(a) A central visual acuity of 20/200 or less in the better eye with the use of a correcting lens.
(b) A degenerative condition that reasonably can be expected to result in a central visual acuity of 20/200 or less in the better eye with the use of a correcting lens.
2. "Central visual acuity of 20/200 or less" includes having a limitation in the field of vision so that the widest diameter of the visual field subtends an angle of not more than twenty degrees.
