HLS 20RS-165 ORIGINAL
2020 Regular Session
HOUSE BILL NO. 183
BY REPRESENTATIVE TURNER
CHILDREN/PARENTAL RIGHTS: Prohibits parenting determinations based upon
parental blindness
1 AN ACT
2To amend and reenact Civil Code Article 134(B) and R.S. 46:283(A) and to enact Children's
3 Code Articles 116(29) and (30), 606(D), 1015.2, 1220.1, 1242.1, 1258, 1283.18, and
4 1284.6 and R.S. 9:355.14(C), relative to parental blindness; limits the consideration
5 of a parent's blindness in custody, adoption, relocation, child in need of care, and
6 parental termination proceedings and in foster parent fitness and eligibility
7 determinations; to provide a burden of proof; to provide for written findings; to
8 provide for definitions; and to provide for related matters.
9Be it enacted by the Legislature of Louisiana:
10 Section 1. Children's Code Articles 116(29) and (30), 606(D), 1015.2, 1220.1,
111242.1, 1258, 1283.18, and 1284.6 are hereby enacted to read as follows:
12 Art. 116. Definitions
13 Except where the context clearly indicates otherwise, these definitions apply
14 for the following terms used throughout this Code:
15 * * *
16 (29) "Blind" means having either of the following:
17 (a) A central vision acuity of 20/200 or less in the better eye with the use of
18 a correcting lense.
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1 (b) A degenerative condition that reasonably can be expected to result in a
2 central visual acuity of 20/200 or less in the better eye with the use of a correcting
3 lense.
4 (30) "Central visual acuity of 20/200 or less" means having a limitation in
5 the field of vision so that the widest diameter of the visual field subtends an angle
6 of not more than twenty degrees.
7 * * *
8 Art. 606. Grounds; child in need of care
9 * * *
10 D. A child whose parent is blind shall not, for that reason alone, be
11 determined to be a child in need of care, unless it is proven by clear and convincing
12 evidence that the petitioner's behavior endangers or is likely to endanger the health,
13 safety, or welfare of the child. If a parent's blindness is considered to be a factor in
14 determining that the child is in need of care, the court shall make specific written
15 findings that state the basis of its decision.
16 * * *
17 Art. 1015.2. Termination of parental rights; limitation
18 Parental rights may not be terminated based on the parent's blindness if other
19 grounds for termination do not exist.
20 * * *
21 Art. 1220.1. Petitioner's blindness; interlocutory and final decree; burden of proof;
22 specific written findings
23 A. The court may not refuse to enter an interlocutory or final decree in favor
24 of a petitioner based on the petitioner's blindness if the petitioner is otherwise
25 acceptable to adopt children and the adoption is determined to be otherwise in the
26 best interest of the child.
27 B. If a petitioner's blindness is alleged to have a detrimental impact on a
28 child, the party who raises the allegation has the burden of proving by clear and
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1 convincing evidence that the petitioner's behavior endangers or is likely to endanger
2 the health, safety, or welfare of the child.
3 C. If the court denies or limits the grant of the adoption to a blind petitioner,
4 the court shall make specific written findings that state the basis of the denial or
5 limitation.
6 * * *
7 Art. 1242.1. Petitioner's blindness; interlocutory or final decree; burden of proof;
8 specific written findings
9 A. The court may not refuse to enter an interlocutory or final decree in favor
10 of a petitioner based on the petitioner's blindness if the petitioner is otherwise
11 acceptable to adopt children and the adoption is determined to be otherwise in the
12 best interest of the child.
13 B. If a petitioner's blindness is alleged to have a detrimental impact on a
14 child, the party who raises the allegation has the burden of proving by clear and
15 convincing evidence that the petitioner's behavior endangers or is likely to endanger
16 the health, safety, or welfare of the child.
17 C. If the court denies or limits the grant of the adoption to a blind petitioner,
18 the court shall make specific written findings that state the basis of the denial or
19 limitation.
20 * * *
21 Art. 1258. Petitioner's blindness; interlocutory or final decree; burden of proof;
22 specific written findings
23 A. The court may not refuse to enter an interlocutory or final decree in favor
24 of a petitioner based on the petitioner's blindness if the petitioner is otherwise
25 acceptable to adopt children and the adoption is determined to be otherwise in the
26 best interest of the child.
27 B. If a petitioner's blindness is alleged to have a detrimental impact on a
28 child, the party who raises the allegation has the burden of proving by clear and
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1 convincing evidence that the petitioner's behavior endangers or is likely to endanger
2 the health, safety, or welfare of the child.
3 C. If the court denies or limits the grant of the adoption to a blind petitioner,
4 the court shall make specific written findings that state the basis of the denial or
5 limitation.
6 * * *
7 Art. 1283.18. Petitioner's blindness; interlocutory or final decree; burden of proof;
8 specific written findings
9 A. The court may not refuse to enter an interlocutory or final decree in favor
10 of a petitioner based on the petitioner's blindness if the petitioner is otherwise
11 acceptable to adopt children and the adoption is determined to be otherwise in the
12 best interest of the child.
13 B. If a petitioner's blindness is alleged to have a detrimental impact on a
14 child, the party who raises the allegation has the burden of proving by clear and
15 convincing evidence that the petitioner's behavior endangers or is likely to endanger
16 the health, safety, or welfare of the child.
17 C. If the court denies or limits the grant of the adoption to a blind petitioner,
18 the court shall make specific written findings that state the basis of the denial or
19 limitation.
20 * * *
21 Art. 1284.6. Petitioner's blindness; final decree; burden of proof; specific written
22 findings
23 A. The court may not refuse to enter a final decree in favor of a petitioner
24 based on the petitioner's blindness if the petitioner is otherwise acceptable to adopt
25 children and the adoption is determined to be otherwise in the best interest of the
26 child.
27 B. If a petitioner's blindness is alleged to have a detrimental impact on a
28 child, the party who raises the allegation has the burden of proving by clear and
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1 convincing evidence that the petitioner's behavior endangers or is likely to endanger
2 the health, safety, or welfare of the child.
3 C. If the court denies or limits the grant of the adoption to a blind petitioner,
4 the court shall make specific written findings that state the basis of the denial or
5 limitation.
6 Section 2. Civil Code Article 134(B) is hereby amended and reenacted to read as
7follows:
8 Art. 134. Factors in determining child's best interest
9 * * *
10 B.(1) In cases involving a history of committing family violence, as defined
11 in R.S. 9:362, or domestic abuse, as defined in R.S. 46:2132, including sexual abuse,
12 as defined in R.S. 14:403(A)(4)(b), whether or not a party has sought relief under
13 any applicable law, the court shall determine an award of custody or visitation in
14 accordance with R.S. 9:341 and 364. The court may only find a history of
15 committing family violence if the court finds that one incident of family violence has
16 resulted in serious bodily injury or the court finds more than one incident of family
17 violence.
18 (2) A parent's blindness, as defined in Children's Code Article 116, shall not
19 be a factor in determining the child's best interest, unless it is proven by clear and
20 convincing evidence that the blindness significantly or substantially inhibits the
21 parent's ability to provide for the physical and emotional needs of the child and the
22 parent lacks sufficient resources to supplement the parent's ability to provide for the
23 physical and emotional needs of the child. If a parent's blindness is considered to be
24 a factor in determining the child's best interest, the court shall make specific written
25 findings that state the basis of its decision.
26 Section 3. R.S. 9:355.14(C) is hereby enacted to read as follows:
27 §355.14. Factors to determine contested relocation
28 * * *
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1 C. A parent's blindness, as defined in Children's Code Article 116, shall not
2 be a factor in determining the child's best interest, unless it is proven by clear and
3 convincing evidence that the blindness significantly or substantially inhibits the
4 parent's ability to provide for the physical and emotional needs of the child and that
5 the parent lacks sufficient resources to supplement the parent's ability to provide for
6 the physical and emotional needs of the child. If a parent's blindness is considered
7 to be a factor in determining the child's best interest, the court shall make specific
8 written findings that state the basis of its decision.
9 Section 4. R.S. 46:283(A) is hereby amended and reenacted to read as follows:
10 §283. Determination of fitness; award of contract
11 A.(1) The office of children and family services shall determine the fitness
12 and eligibility of each person who applies for a contract to provide foster care
13 services to which the provisions of this Subpart apply.
14 (2) A person's blindness, as defined in Children's Code Article 116, shall not
15 be a factor in determining the person's fitness and eligibility to provide foster care
16 services, unless it is proven by clear and convincing evidence that the person's
17 behavior endangers or is likely to endanger the health, safety, or welfare of a foster
18 child. If the office of children and family services determines the person is not
19 eligible for a contract for foster care services, the office shall make specific written
20 findings that state the basis of its decision.
21 * * *
22 Section 5. The Louisiana State Law Institute is hereby authorized and directed to
23renumber the terms defined in Children's Code Article 116 to ensure that such terms are in
24alphabetical order.
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HB NO. 183
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 183 Original 2020 Regular Session Turner
Abstract: Limits the consideration of a parent's blindness in custody, adoption, relocation,
child in need of care, and parental termination proceedings and in foster parent
fitness and eligibility determinations.
Child in Need of Care
Present law provides for Child in Need of Care (CINC) proceedings to protect children
whose physical or mental health and welfare is substantially at risk of harm by physical
abuse, neglect, or exploitation and who may be further threatened by the conduct of others
and could result in a child being removed from their home. Present law sets forth the
grounds for which a CINC proceeding may be brought. Proposed law retains present law.
Proposed law requires that a child whose parent is blind shall not, for that reason alone, be
determined to be a child in need of care, unless it is proven by clear and convincing evidence
that the petitioner's behavior endangers or is likely to endanger the health, safety, or welfare
of the child. If a parent's blindness is considered to be a factor in determining that the child
is in need of care, proposed law requires the court to make specific written findings that state
the basis of its decision.
Termination of Parental Rights
Present law provides for the involuntary termination of parental rights and enumerates the
grounds for which parental rights may be terminated. Proposed law retains present law and
provides that parental rights may not be terminated based on the parent's blindness if other
grounds for termination do not exist.
Present law requires that the petitioner bear the burden of establishing each element of a
ground for termination of parental rights by clear and convincing evidence and that the
parent asserting a mental or physical disability as an affirmative defense to abandonment
bears the burden of proof by a preponderance of the evidence. When the court finds that the
alleged grounds for termination are proven and that it is in the best interest of the child,
present law requires the court to enter written findings thereof. Proposed law retains present
law.
Adoptions
Present law provides that for an agency adoption, private adoption, intrafamily adoption, and
adoption or recognition of a foreign decree of adoption of a foreign orphan from a country
outside of the United States that is not party to the Hague Adoption Convention, the court
may enter an interlocutory decree, and later a final decree, of adoption in favor of the
petitioning adoptive parent or parents. Present law provides that for an adoption or
recognition of a foreign decree of adoption of a convention adoptee from a country outside
of the United States that is a party to the Hague Adoption Convention, the court may enter
a final decree of adoption in favor of the petitioning adoptive parent or parents. Proposed
law retains present law.
Proposed law requires that the court may not refuse to enter an interlocutory or final decree
in favor of a petitioner based on the petitioner's blindness if the petitioner is otherwise
acceptable to adopt children and the adoption is determined to be otherwise in the best
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interest of the child. If a petitioner's blindness is alleged to have a detrimental impact on a
child, the party who raises the allegation has the burden of proving by clear and convincing
evidence that the petitioner's behavior endangers or is likely to endanger the health, safety,
or welfare of the child. If the court denies or limits the grant of the adoption to a blind
petitioner, the court shall make specific written findings that state the basis of the denial or
limitation.
Custody and Visitation
Present law requires that a court award custody of a child in accordance with the best interest
of the child and sets out the factors the court is to consider in determining a child’s best
interest. Proposed law retains present law.
Proposed law provides that a parent's blindness shall not be a factor in determining the
child's best interest, unless it is proven by clear and convincing evidence that the blindness
significantly or substantially inhibits the parent's ability to provide for the physical and
emotional needs of the child and the parent lacks sufficient resources to supplement the
parent's ability to provide for the physical and emotional needs of the child. If a parent's
blindness is considered to be a factor in determining the child's best interest, proposed law
requires the court to make specific written findings that state the basis of its decision.
Relocation
Present law allows certain persons to propose relocation of the principal residence of a child.
When the proposed relocation is contested, present law requires the court to consider all
relevant factors in determining whether relocation is in the best interest of the child,
including certain enumerated factors. Proposed law retains present law.
Proposed law requires that a parent's blindness shall not be a factor in determining the child's
best interest, unless it is proven by clear and convincing evidence that the blindness
significantly or substantially inhibits the parent's ability to provide for the physical and
emotional needs of the child and the parent lacks sufficient resources to supplement the
parent's ability to provide for the physical and emotional needs of the child. Proposed law
further provides that if a parent's blindness is considered to be a factor in determining the
child's best interest, the court shall make specific written findings that state the basis of its
decision.
Foster Parenting
Present law provides that persons may contract with the office of children and family
services of the Department of Children and Family Services to provide temporary or long-
term foster care for not more than six children. Present law requires the office to determine
the fitness and eligibility of each person who applies for a contract to provide foster care
services. Proposed law retains present law.
Proposed law requires that a person's blindness shall not be a factor in determining the
person's fitness and eligibility to provide foster care services, unless it is proven by clear and
convincing evidence that the person's behavior endangers or is likely to endanger the health,
safety, or welfare of a foster child. If the office determines the person is not eligible for a
contract for foster care services, the office shall make specific written findings that state the
basis of its decision.
Proposed law defines "blind."
(Amends C.C. Art. 134(B) and R.S. 46:283(A); Adds Ch.C. Arts. 116(29) and (30), 606(D),
1015.2, 1220.1, 1242.1, 1258, 1283.18, and 1284.6 and R.S. 9:355.14(C))
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