PocketLaw | Georgia Code | Prohibition on Discrimination Against

Prohibition on Discrimination Against Legally Blind in Matters of Child Custody, Guardianship, Foster Care, Visitation, Placement, and Adoption; Regulation

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As used in this Code section, the term:
1. "Department" means the Department of Human Services.
2. "Legally blind" means:
  1. Having vision that is 20/200 or less in the best corrected eye; or
  2. Having vision that subtends an angle of not greater than 20 degrees in the best corrected eye.
3. "Supportive parenting services" means services that may assist a legally blind parent or prospective legally blind parent in the effective use of nonvisual techniques and other alternative methods to enable the parent or prospective legally blind parent to successfully discharge parental responsibilities.
1. Neither a court, the department, nor a child-placing agency shall deny a party child placement, child custody, visitation, guardianship, foster care, or adoption solely because the party is legally blind, but may consider such factors as provided in paragraph (3) of subsection (a) of Code Section 19-9-3.
2. Where a parent or prospective parent's disability of being legally blind is alleged to have a detrimental impact on a child, the party raising the allegation shall bear the burden of proving by a preponderance of the evidence that the parent's or prospective parent's disability of being legally blind is endangering or will likely endanger the health, safety, or welfare of the child.If this burden is met, such parent or prospective parent shall have the opportunity to demonstrate how the implementation of supportive parenting services can alleviate parental care concerns, and the court may require such services with an opportunity to review the continuation of such services within a reasonable period of time.
3. Where a court determines that a legally blind parent's right to custody, visitation, foster care, guardianship, or adoption should be denied or limited in any manner, the court shall make specific findings stating the basis for such a determination and why the provision of supportiveparenting services is not a reasonable accommodation to prevent such denial or limitation.
The department shall promulgate rules or regulations not later than December 31, 2019, implementing the provisions of this Code section.

(Code 1981, §30-4-5, enacted by Ga. L. 2019, p. 459, § 2/HB 79.)

Editor's notes.

- Ga. L. 2019, p. 459, § 1/HB 79, not codified by the General Assembly, provides: "(a) The Georgia General Assembly finds that:

"(1) Blind individuals continue to face unfair societal biases regarding their ability to successfully provide parental care;

"(2) Blind individuals face unfair societal biases in family and dependency law proceedings, public and private adoption, guardianship, and foster care proceedings;

"(3) Children of blind individuals are being unnecessarily removed or restricted from parental care; and

"(4) Children are being denied the opportunity to enjoy loving homes with blind parents or other blind caretakers.

"(b) The purpose of this Act 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 due process and equal protection rights of blind parents in the context of child welfare, foster care, adoption, and family law."

CHAPTER 5 PROTECTION OF DISABLED ADULTS AND ELDER PERSONS

Sec.

30-5-1. Short title.
30-5-2. Legislative purpose.
30-5-3. Definitions.
30-5-4. Reporting of need for protective services; manner and contents of report; immunity from civil or criminal liability; privileged communications.
30-5-4.1. Discrimination and retaliation for reporting prohibited.
30-5-5. Investigation of reports of need for protective services; interference with investigation; provision of protective services.
30-5-6. Cooperation of other public agencies with director; power of director to contract for provision of medical evaluations; regulations.
30-5-7. Confidentiality of public records; reasonable access; redaction in certain circumstances.
30-5-8. Criminal offenses and penalties.
30-5-9. Applicability to employment relationship.
30-5-10. Cooperative effort in development of programs relating to abuse and exploitation of disabled adults, elder persons, and residents of long-term care facilities.
30-5-11. Establishment of Adult Abuse, Neglect, and Exploitation Multidisciplinary Team; membership; duties; creation of memorandum of understanding; confidentiality and limitations on disclosures; reporting and reviews.

Cross references.

- Alzheimer's and Related Dementias State Plan, § T. 49, C. 6, Art. 8.

Trafficking of a disabled adult, elder person, or resident; penalty, § 16-5-102.1.

Residential care facilities for the elderly authorities, T. 31, C. 7, Art. 5.

Administrative Rules and Regulations.

- Clients rights, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Department of Human Services, Mental Health, Developmental Disabilities and Addictive Diseases, Subject 290-4-9.

Law reviews.

- For article, "The United Nations Convention on the Rights of Persons with Disabilities and its Implications for the Rights of Elderly People under International Law," see 25 Ga. St. U.L. Rev. 527 (2009). For article, "Disability Rights, Disability Discrimination, and Social Insurance," see 25 Ga. St. U.L. Rev. 575 (2009). For article, "'Simplify You, Classify You': Stigma, Stereotypes and Civil Rights in Disability Classification Systems," see 25 Ga. St. U.L. Rev. 607 (2009).

RESEARCH REFERENCES

Am. Jur. 2d.

- 40A Am. Jur. 2d., Hospitals and Asylums, § 32.

Wrongful Confinement to a Mental Health or Developmental Disabilities, 44 POF3d 217.

Proof of Abuse, Neglect or Exploitation of Older Persons, 53 POF3d 1.

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