ARIZONA
HOUSE OF REPRESENTATIVES
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HB 2618: blind persons' rights; custody; adoption |
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PRIME SPONSOR: Representative Thorpe, LD 6 BILL STATUS: Federalism, Property Rights & Public Policy
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Relating to blind person's rights.
Provisions
COURTS (SEC 1,3,4,5)
1. Specifies that a court must not refuse to do the following:
a. Certify a prospective adoptive parent as acceptable to adopt children based on the parent's blindness.
b. Grant an adoption to a potential adoptive parent based on the parent's blindness, if the adoption is determined to be in the best interest of the child.
c. Authorize the removal of a child from a home based on the blindness of the biological parent.
d. Refuse to allow visitation or reunification of the child and the biological parent if it is in the best interest of the child.
e. Appoint a person as a guardian of a minor based on their blindness.
2. Prohibits courts from denying or limiting a parent's parenting time or participation in legal decision-making based on the blindness of the parent.
3. Requires a party to prove by clear and convincing evidence that a prospective adoptive parent, biological parent or guardian's blindness will have a detrimental impact on a child or minor.
a. The court may require that supportive parenting services be put in place and that the continuation of these services be reviewed within a reasonable period.
5. Directs the court to make specific written findings stating the basis of why an adoption, guardianship or visitation and reunification rights were denied or limited.
a. The written findings must include why the provision of supportive parenting services was not a reasonable accommodation to prevent the denial or limitation.
DEPARTMENT OF CHILD SAFETY (DCS) (SEC.2)
6. Prohibits DCS from refusing to license a foster home based on a prospective foster parent's blindness if the foster home qualifies for licensure.
7. Requires that, if the prospective foster parent's blindness is alleged to have a detrimental impact on the foster home, the party who raises the allegation has the burden of proving by clear and convincing evidence that their behavior is likely to endanger the health and safety of a child placed in the home.
8. Requires, if the party meets the burden of proof, DCS to provide the foster home the opportunity to show that the implementation of supportive parenting services can alleviate any concerns.
a. DCS may require that supportive parenting services be put in place and that the continuation of these services be reviewed within a reasonable period.
9. Directs DCS to make specific written findings stating the basis of the denial or limitation if the licensing of the foster home is denied or limited.
a. The written findings must include why the provision of supportive parenting services was not a reasonable accommodation to prevent the denial or limitation.
10. Defines blindness, central visual acuity of 20/200 or less and supportive parenting services. (Sec. 1-5)
Current Law
Any adult resident of this state, whether married, unmarried or legally separated, is eligible to qualify to adopt children. A husband and wife may jointly adopt children. An adult nonresident of this state, whether married, unmarried or legally separated, is eligible to qualify to adopt a child if the following apply: 1) the child is a dependent child and currently under the jurisdiction of the Arizona juvenile court, 2) the child currently resides in the home of the applicant, 3) DCS placed the child in the home of the applicant and 4) DCS recommends the adoption of the child by the applicant.
DCS or the adoption agency must place a child in an adoptive home that best meets the safety, social, emotional, physical and mental health needs of the child. If there is a choice between a married man and woman certified to adopt and a single adult certified to adopt, placement preference will be with a married man and woman. In each adoption proceeding, the court makes findings on the record regarding what is in the best interests of the child by law (A.R.S. § 8-103).
A court may establish a permanent guardianship between a child and a guardian if the prospective guardianship is in the child's best interests and the following apply: 1) the child has been adjudicated a dependent child or is the subject of a pending dependency petition filed by DCS, 2) the child has been in the custody of the prospective permanent guardian for at least nine months. The court may waive this requirement for good cause, 3) if the child is in the custody of DCS or an agency, there have been reasonable efforts made to reunite the parent and child and 4) the likelihood that the child would be adopted is remote or termination of parental rights would not be in the child's best interests (A.R.S. § 8-871).
DCS licenses and certifies all foster homes. Licenses are valid for a period of two years. DCS does not issue a license without satisfactory proof that the foster parent or parents have completed six actual hours of approved initial training and that each foster parent and other adult members of the household has a valid fingerprint clearance card (A.R.S. § 8-509).
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Fifty-third Legislature HB 2618
Second Regular Session Version 1: Federalism, Property Rights & Public Policy
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