Public Act 100-0075
 
HB2626 EnrolledLRB100 06188 HEP 16222 b


  
    AN ACT concerning civil law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    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

        (4) children are being denied the opportunity to enjoy 
    the experience of living in loving homes with blind parents 
    or other blind caregivers.

 
    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.

 
    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.
  


Effective Date:  1/1/2018