Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 4, Chapter 15, Title 63 of the 1976 Code is amended to read:
Section 63-15-400. In making decisions on guardianship, custody, or visitation where a party to the action is blind a person with a disability, the court may not deny the party guardianship, custody, or visitation of a child solely because the party is blind a person with a disability or upon speculation that the disability makes the person unfit to parent, without considering whether supportive services enable the person to parent adequately. The blindness disability of a party only must be used to determine whether or not granting guardianship, custody, or visitation to the party would be in the best interest of the child.
Section 63-15-405. The Department of Social Services, a child placing agency, the court, law enforcement, or any other covered entity shall comply with Title II of the Americans with Disabilities Act of 1990, as amended, and Section 504 of the Rehabilitation Act of 1973 before taking an action pursuant to Title 62 or Chapters 7, 9, 15 of Title 63 that could impact the parental rights of a person with a disability.
Section 63-15-410. (A) A person with a disability shall not be denied the opportunity to pursue an adoption of a child solely on the basis of the disability or upon speculation that the disability makes the person unfit to parent, without considering whether supportive services enable the person to parent adequately.
(A)(B) When the Department of Social Services, a guardian, or a child placement placing agency considers an adoption petition, the department, guardian, or child placement placing agency may not deny the petition solely because the petitioner is blind a person with a disability or upon speculation that the disability makes the person unfit to parent, without considering whether supportive services enable the person to parent adequately.
(B)(C) In making a determination of adoption where the petitioner is blind a person with a disability, the court may not deny the petition solely because the petitioner is blind a person with a disability or upon speculation that the disability makes the person unfit to parent, without considering whether supportive services enable the person to parent adequately. The blindness disability of the petitioner only must be used to determine whether or not granting the adoption would be in the best interest of the child.
Section 63-15-420. Within one year of the adoption of this act, the Department of Social Services shall promulgate regulations prohibiting a local department from removing a child from a home and placing the child in foster care solely because the child's parent or guardian is blind a person with a disability or upon speculation that the disability makes the person unfit to parent, without considering whether supportive services enable the person to parent adequately.
Section 63-15-430. For purposes of this act, the term "blind" or "blindness"means article:
(A) vision that is 20/200 or less in the best corrected eye; or
(B) vision that subtends an angle of not greater than twenty degrees in the best corrected eye.
(1) 'Child placing agency' has the same meaning as provided in Section 6-9-30.
(2) 'Covered entity' has the same meaning as provided in the Americans with Disabilities Act of 1990, as amended.
(3) 'Disabled' or 'disability' means a physical or mental impairment that substantially limits one or more of the major life activities of an individual, a record of an impairment, or being regarded as having an impairment that substantially limits one or more of the major life activities of an individual, consistent with the American with Disabilities Act of 1990, as amended, and as interpreted broadly under the act.
(4) 'Supportive services' means services that help a person with a disability compensate for those aspects of the disability that affect the care for a child and that enables the person to fulfill parental responsibilities including, but not limited to, specialized or adapted training, evaluations, and assistance with effective use of adaptive equipment and accommodations that enable a person with a disability to benefit from other services, such as braille text or sign language interpretation."
SECTION 2. Section 63-7-1640(A) of the 1976 Code is amended to read:
"Section 63-7-1640. (A)(1) When this chapter requires the department to make reasonable efforts to preserve or reunify a family and requires the family court to determine whether these reasonable efforts have been made, the child's best interest, health, and safety must be the paramount concern.
(2) Reasonable efforts required pursuant to item (1) to preserve or reunify a family in which the parent or legal guardian has a disability shall include, but not be limited to, the following:
(a) access to or referrals to access supportive services, as defined in Section 63-15-430(4); and
(b) reasonable accommodations to provide equal and meaningful access to services that are made available to a parent or legal guardian who does not have a disability."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.