Section 30-3-10 - Equal opportunity for blind individuals; supportive parenting services(a) For the purposes of this section, the following terms have the following meanings: (1) BLINDNESS. A 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. The term also includes a degenerative condition that reasonably can be expected to result in blindness.(2) SUPPORTIVE PARENTING SERVICES. Services that may assist a blind parent or prospective blind parent in the effective use of non-visual techniques and other alternative methods to enable the parent or prospective parent to discharge parental responsibilities as successfully as a parent who is not blind.(b) The Legislature finds the following: (1) Blind individuals should be given equal opportunity to successfully parent their children to the fullest extent possible.(2) Blind individuals should be afforded equal opportunity in family and dependency proceedings where custody and visitation are at stake and in public and private adoption, guardianship, and foster care proceedings.(c) The purpose of this section is to protect the best interests of children parented by blind individuals or children who could be 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.(d)(1) A parent's blindness may not serve as a basis for denial or restriction of visitation or custody in family or dependency cases when the visitation or custody is determined to be otherwise in the best interest of the child.(2) A prospective parent's blindness may not serve as a basis for his or her denial of participation in public or private adoption when the adoption is determined to be otherwise in the best interest of the child.(3) An individual's blindness may not serve as a basis for denial of foster care or guardianship when the appointment is determined to be otherwise in the best interest of the child.(4) Where a parent or prospective parent's blindness is alleged to have a detrimental impact on a child, the party raising the allegation bears the burden of proving that the behaviors are endangering or will likely endanger the health, safety, or welfare of the child and that there exists no reasonable supporting parenting services to alleviate those concerns.(5) The court may require that the supportive parenting services be put in place with an opportunity to review the need for continuation of the services within a reasonable period of time.Ala. Code § 30-3-10 (1975)
Added by Act 2019-274,§§ 1 - 4, eff. 8/1/2019.