State SealARIZONA HOUSE OF REPRESENTATIVES

 

SB 1198: blind persons' rights; adoption; custody

PRIME SPONSOR: Senator Barto, LD 15

BILL STATUS: Federalism, Property Rights & Public Policy

 

Legend: DCS – Department of Child Safety Amendments – BOLD and Stricken (Committee)

Abstract

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRelating 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 prospective adoptive 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, if it is in the best interest of the child to remain in the home.

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 an individual as a guardian of a minor based on their blindness, if it is in the best interest of the child.

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 unless the court finds both of the following:

a.       The blindness significantly or substantially inhibits the parent's ability to provide for the physical and emotional needs of the child; and

b.       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.

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.

4.       Directs the court to make specific written findings stating the basis of why an adoption, guardianship, visitation or reunification rights were denied or limited.

DEPARTMENT OF CHILD SAFETY (DCS) (SEC.2)

5.       Prohibits DCS from refusing to license a foster home based on a prospective foster parent's blindness if the foster home qualifies for licensure.

6.       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 foster home.

7.       Directs DCS to make specific written findings stating the basis of why the licensing of the foster home was denied or limited. 

MISCELLANEOUS (SEC 1-5)

8.       Defines blindness, central visual acuity of 20/200 or less and supportive parenting services.

Current Law

Any adult resident of Arizona, 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 Arizona, 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 unless waived by the court 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                  SB 1198

Second Regular Session                                                                 Version 1: Federalism, Property Rights & Public Policy

 

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