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| Public Act 100-0075 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the | ||||
Parental Rights for the Blind Act. | ||||
Section 5. Findings. The General Assembly finds that: | ||||
(1) blind individuals continue to face unfair, | ||||
preconceived, and unnecessary societal biases as well as | ||||
antiquated attitudes regarding their ability to | ||||
successfully parent their children; | ||||
(2) blind individuals face these biases and | ||||
preconceived attitudes in family and dependency law | ||||
proceedings in which the allocation of parental | ||||
responsibilities and parenting time are at stake and in | ||||
public and private adoption, guardianship, and foster care | ||||
proceedings; | ||||
(3) because of these societal biases and antiquated | ||||
attitudes, children of blind parents are unnecessarily | ||||
being removed from their parents' care or being restricted | ||||
from enjoying meaningful time with their parents; and
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(4) children are being denied the opportunity to enjoy | ||||
the experience of living in loving homes with blind parents | ||||
or other blind caregivers.
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Section 10. Purpose. The purpose of this Act is to protect | ||
the best interests of children cared for or parented by blind | ||
individuals or children who could be cared for or parented by | ||
blind individuals through the establishment of procedural | ||
safeguards that require adherence to the Americans with | ||
Disabilities Act and respect for the due process and equal | ||
protection rights of blind parents or prospective blind parents | ||
in the context of child welfare, foster care, family law, and | ||
adoption. | ||
Section 15. Definitions. As used in this Act: | ||
"Blindness" means central visual acuity of 20/200 or less | ||
in the better eye with the use of a correcting lens. An eye | ||
that has a limitation in the field of vision so that the widest | ||
diameter of the visual field subtends an angle no greater than | ||
20 degrees is considered to have a central visual acuity of | ||
20/200 or less. "Blindness" includes a degenerative condition | ||
that reasonably can be expected to result in blindness. | ||
"Supportive parenting services" means services that assist | ||
a person with blindness in the effective use of non-visual | ||
techniques and other alternative methods to enable the person | ||
to discharge parental responsibilities as successfully as a | ||
person who does not have blindness.
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Section 20. Prohibitions; burden of proof. | ||
(a) A person's blindness shall not serve as a basis for | ||
denial or restriction of parenting time or the allocation of | ||
parental responsibilities if the parenting time or the | ||
allocation of parental responsibilities is determined to be | ||
otherwise in the best interests of the child. | ||
(b) A person's blindness shall not serve as a basis for | ||
denial of participation in public or private adoption when the | ||
adoption is determined to be otherwise in the best interests of | ||
the child. | ||
(c) A person's blindness shall not serve as a basis for | ||
denial of foster care or guardianship when the appointment is | ||
determined to be otherwise in the best interests of the child. | ||
(d) The Department of Children and Family Services shall | ||
develop and implement procedures that ensure and provide equal | ||
access to child welfare services, programs, and activities in a | ||
nondiscriminatory manner. Services, programs, and activities | ||
include, but are not limited to, investigations, assessments, | ||
provision of in-home services, out-of-home placements, case | ||
planning and service planning, visitation, guardianship, | ||
adoption, foster care, and reunification services. Such | ||
services, programs, and activities may also extend to | ||
proceedings under the Juvenile Court Act and proceedings to | ||
terminate parental rights. The Department of Children and | ||
Family Services shall provide training to child welfare | ||
investigators and caseworkers on these procedures. | ||
(e) If the court determines that the right of a person with | ||
blindness to the allocation of parental responsibilities, | ||
parenting time, foster care, guardianship, or adoption should | ||
be denied or limited in any manner, the court shall make | ||
specific written findings stating the basis for such a | ||
determination and why supportive parenting services cannot | ||
prevent the denial or limitation.
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