Assigned to HHS FOR
COMMITTEE
Assigned to HHS FOR
COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
blind persons' rights; adoption; custody
Purpose
Prohibits the restriction of custody, adoption, guardianship and fostering of a child based solely on an individual's blindness.
Background
Statute creates requirements for foster homes and foster parents and states that foster parents have the right to not be discriminated against on the basis of religion, race, color, creed, sex, national origin, age or physical disability (A.R.S. § 8-530).
Various factors are outlined in statute that the courts, the Department of Child Safety (DCS) and adoption agencies are required to consider when placing a child in an adoptive home and when determining the legal decision-making, parenting time and guardianship of a child. These factors include requirements that decisions be made in the best interest of the child (A.R.S. § § 8-103, 14-5206 and 25-403).
Awarding legal decision-making to a legal parent is statutorily presumed to serve the child's best interests. This presumption can be rebutted by a third party only by clear and convincing evidence that awarding legal decision-making to a legal parent is not in the best interests of the child (A.R.S. § 25-409).
Laws 2017, Chapter 282, effective July 1, 2018, allows the Superior Court to issue an order for DCS to take temporary custody of a child upon receiving a dependency petition or sworn statement by a peace officer, child welfare investigator or child safety worker. The Superior Court is required to determine that it is contrary to the child's welfare to remain in the home before authorizing the removal of a child.
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a court from making any of the following determinations or orders based solely on a person's blindness:
a) refusing to certify the prospective adoptive parent as acceptable to adopt;
b) refusing to grant an adoption to the prospective adoptive parent, if the adoption is determined to be otherwise in the best interest of the child;
c) authorizing the removal of a child from the child's home, if it is otherwise in the best interest of the child to remain in the home;
d) refusing to allow visitation or reunification of the parent with a child, if the visitation or reunification is otherwise in the best interest of the child; or
e) refusing to appoint the individual as guardian of a minor, if the appointment is determined to be otherwise in the best interest of the minor.
2. Prohibits a court, when determining parenting time or participation in legal decision-making, from considering a parent's blindness unless the court finds:
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 the party who alleges that a person's blindness has a detrimental impact on a child to prove, by clear and convincing evidence, that the behavior endangers or is likely to endanger the health, safety or welfare of the child.
4. Prohibits DCS from refusing to license a foster home based on a prospective foster parent's blindness, if the foster home otherwise qualifies for licensure.
5. Requires the party who alleges that a person's blindness has a detrimental impact on the operation of a foster home to prove, by clear and convincing evidence, that the behavior endangers or is likely to endanger the health, safety or welfare of a child placed with the foster home.
6. Requires the court to make specific written findings that state the basis of the removal, denial or limitation of the specified decisions.
7. Defines terms.
8. Becomes effective on the general effective date.
Prepared by Senate Research
January 22, 2018
CRS/JN/lat