1026 East 36th Street
Baltimore, MD 21218
Phone: (410) 235-3073
Email: president@nfbmd.org
Protection of Custody Rights for Blind Parents and Blind Caregivers
THE PROBLEM
Blind persons who are competent parents have been denied child custody solely on the basis of blindness!
PROPOSED ACTION
The Maryland General Assembly should amend the Family Law section of the Maryland Code to prohibit the consideration of physical disability, including blindness, when determining custody or adoption decisions involving the care of children. In 2008, the Maryland General Assembly took an important step in protecting the rights of caregivers with disabilities by prohibiting discrimination in CINA (children in Need of Assistance) or guardianship cases. In 2009, the Maryland General Assembly should extend the same prohibition to custody and adoption cases involving physically disabled persons.
BACKGROUND
In today’s society, our courts are frequently called upon to settle child custody disputes and social service agencies are often asked to conduct investigations to ensure that children receive proper care and adequate protection. As part of the general public, blind persons have found themselves in the midst of child custody and other family disputes. Unfortunately, the lack of vision of a parent or caregiver often becomes the overriding factor used by the courts and social service agencies when making decisions about the care of children. Most recently in 2007, a blind parent in Maryland was told by a social worker that, “Everything is in order, but I do not know what to recommend to the judge because you are blind.” Although this case was settled in favor of the blind parent, the financial and emotional cost that he had to pay was extremely high. His legal fees were $55,000. He endured a ten-day trial, but the whole process took two years. Many blind people lose child custody cases because they do not have the finances or stamina to bear such a predicament.
Myths and misconceptions about blindness are prevalent in society. The root cause of these myths and misconceptions is due to the sighted public’s innate fear of the lack of vision. Sighted people who suddenly find themselves in a dark room or who wake up in the dark think that they understand blindness. They do not appreciate that the problems of blindness can be mitigated through proper training in alternative skills. The real problem of blindness is not the lack of sight, but the attitudes about blindness held by the sighted public. All too often, the sighted public still view blind persons as helpless and dependent.
Since blindness is not well understood by court and agency officials, it becomes an unnecessary determining factor in custody cases. Through its commitment to the full integration of the blind into all aspects of community life, the National Federation of the Blind (NFB) has documented thousands of cases of blind people who are successfully raising children. The NFB has represented many blind persons in child custody cases and in other situations involving the care of children. Unfortunately, there is blatant discrimination on the basis of blindness in many of these cases. When no other problem was apparent, blind parents and blind caregivers have been forced to demonstrate their capabilities beyond that which is reasonably expected of sighted persons, just on the basis of blindness. The capabilities of blind individuals to care for children have been brought into question even when they have been successfully caring for children for many years.
In 2008, with the passage of HB 1325 and SB 551, the Maryland General Assembly demonstrated its understanding that parents and caregivers with physical disabilities should not be denied a role in the lives of their children merely because of their physical disability. At the last minute, adoption and custody provisions were deleted from these bills because the House Judiciary Committee wanted further study of these issues. The time has come to complete the protection of the rights of parents with physical disabilities.
CONCLUSION
The Maryland General Assembly should amend the Family Law section of the Maryland Code to prohibit the consideration of physical disability including blindness when determining custody or adoption decisions involving the care of children. Blind parents and caregivers should have the same rights as sighted parents and caregivers to raise their children. The care of children is a serious responsibility. Judges must consider many factors in order to make appropriate decisions concerning the welfare of children. Physical disability including blindness should not be equated with incapacity. Experience demonstrates that the protection under law is a very effective weapon against discrimination. Blind parents and blind caregivers can play a significant role in the lives of their children.