Arizona § 8-831 Parent's blindness; burden of proof; specific written findings; definitions

Arizona Statutes

§ 8-831 — Parent's blindness; burden of proof; specific written findings; definitions

Arizona·Title 8 Arizona Revised Statutes·Ch. 4 DEPARTMENT OF CHILD SAFETY·Art. 9 Removal of Child

A.A court may not do either of the following:

1.Authorize the removal of a child from the child's home based on the blindness of the child's parent, if it is otherwise in the best interests of the child to remain in the child's home.

2.Refuse to allow the visitation by or reunification of a parent with a child based on the blindness of the parent, if the visitation or reunification is otherwise in the best interests of the child.

B.If a parent'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 parent's behavior endangers or is likely to endanger the health, safety or welfare of the child.

C.If the court grants removal of the child or denies or limits the parent's vi

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A. A court may not do either of the following:

1. Authorize the removal of a child from the child's home based on the blindness of the child's parent, if it is otherwise in the best interests of the child to remain in the child's home.

2. Refuse to allow the visitation by or reunification of a parent with a child based on the blindness of the parent, if the visitation or reunification is otherwise in the best interests of the child.

B. If a parent'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 parent's behavior endangers or is likely to endanger the health, safety or welfare of the child.

C. If the court grants removal of the child or denies or limits the parent's visitation or reunification with the child, the court shall make specific written findings that state the basis of the removal, denial or limitation.

D. For the purposes of this section:

1. "Blindness" means having either of the following:

(a) A central visual acuity of 20/200 or less in the better eye with the use of a correcting lens.

(b) A degenerative condition that reasonably can be expected to result in a central visual acuity of 20/200 or less in the better eye with the use of a correcting lens.

2. "Central visual acuity of 20/200 or less" includes having a limitation in the field of vision so that the widest diameter of the visual field subtends an angle of not more than twenty degrees.

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