Bill Text: NY A04502 | 2015-2016 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-03-03 - enacting clause stricken [A04502 Detail]

Download: New_York-2015-A04502-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4502
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 3, 2015
                                      ___________
       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:
    1    Section 1. This act shall be known and may  be  cited  as  the  "Blind
    2  Person's Right to Parent Act".
    3    S  2. The domestic relations law is amended by adding a new article 14
    4  to read as follows:
    5                                 ARTICLE 14
    6                       BLIND PERSON'S RIGHT TO PARENT
    7  SECTION 260. DEFINITIONS.
    8          261. CONSIDERATION OF BLINDNESS DURING GUARDIANSHIP, CUSTODY  OR
    9                 VISITATION PROCEEDINGS.
   10    S  260.  DEFINITIONS. IN THIS ARTICLE, THE TERM "BLIND" OR "BLINDNESS"
   11  MEANS:
   12    (A) VISION THAT IS 20/200 OR LESS IN THE BEST CORRECTED EYE; OR
   13    (B) VISION THAT SUBTENDS AN ANGLE OF NOT GREATER THAN  20  DEGREES  IN
   14  THE BEST CORRECTED EYE.
   15    S  261.  CONSIDERATION  OF  BLINDNESS  DURING GUARDIANSHIP, CUSTODY OR
   16  VISITATION PROCEEDINGS. IN MAKING A DISPOSITION ON GUARDIANSHIP, CUSTODY
   17  OR VISITATION PROCEEDINGS WHERE A PARTY IS BLIND, THE COURT MAY NOT DENY
   18  THAT PARTY SOLELY BECAUSE THAT PARTY IS  BLIND.  THE  BLINDNESS  OF  THE
   19  PARTY  IS  RELEVANT  ONLY  TO  THE EXTENT THAT THE COURT FINDS, BASED ON
   20  EVIDENCE IN THE RECORD, THAT THE BLINDNESS AFFECTS THE BEST INTEREST  OF
   21  THE CHILD.
   22    S  3.  Within  90  days  of the passage of this act, the department of
   23  social welfare shall adopt regulations that prohibit  a  local  district
   24  from  seeking  the  custody  or guardianship of a child for placement in
   25  foster care solely because the  child's  parent  or  legal  guardian  is
   26  blind.
   27    S 4. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08665-01-5