‘It’s a lot of protection’
New Arizona law restores rights of blind parents
As a baby, Amy Porterfield’s son knew that if he wanted her to see something, he should place it in her hand.
As a child, he quickly grasped that she could hear the creak of a forbidden drawer from several rooms away.
Being blind never meant Porterfield couldn’t parent, the Tucson resident said — only that she parented differently. But not everyone understands the distinction.
Porterfield recalled a doctor who didn’t want to remove her son’s tonsils, because he didn’t think she could care for him after surgery. Other parents have faced temporary or permanent removal of their children because of the doubts of doctors, teachers or judges.
“Throughout the nation, in places like Kansas or Nevada, we’ve seen kids being taken away from their parents solely based on the fact that their parents are blind,” said Jordan Moon, co-legislative
Amy Porterfield poses with her son, Jordan, after one of his vocal concerts at the University of Arizona.
director for the National Federation of the Blind of Arizona.
Nationwide research by the National Council on Disability confirmed that parents who are deaf or blind face “extremely high rates of child removal and loss of parental rights.”
Moon, Porterfield and other advocates this year pushed for a change in Arizona law to prevent the state from deeming someone unfit to parent, foster or adopt based on blindness alone. Senate Bill 1198 had a smooth ride through the Legislature, receiving bipartisan support as it sailed toward Gov. Doug Ducey’s desk for a signature.
After the law takes effect Aug. 3, any person questioning a blind parent’s competency will have to prove the parent is unfit, instead of the parent having to prove he or she is fit.
“(The new law) requires clear and convincing evidence, which is the highest civil legal standard,” Moon said. “So it’s a lot of protection here.”
Despite multiple requests for comment, the Department of Child Safety did not clarify its protocol for responding to claims of parental unfitness based on blindness.
It’s unclear whether the department has ever removed an Arizona child because a parent could not see.
What is clear, according to SB 1198 sponsor Sen. Nancy Barto, is that blind parents and would-be parents in Arizona were “living in fear” after observing high-profile cases in other states.
In Missouri, two blind parents lost their newborn daughter for nearly two months when a nurse reported them after seeing the baby struggling to breast-feed.
In California, a blind mother spent $33,000 and two years in a custody fight to prove her daughter would be safe with her following her divorce.
In Colorado, a blind woman filed a lawsuit after a fertility clinic declined to help her because they felt her blindness was a “direct threat” to the safety of a future child.
None of the cases involved apparent allegations of abuse or neglect.
“I think it’s pretty obvious that discrimination against the unsighted is a bastion of space in the legal realm that is yet to be really cut down to size across the country, and certainly in Arizona,” said Barto, R-Phoenix.
“This (new law) is meant to address that and clarify that agencies like DCS and the courts cannot make determinations simply based upon sightedness.”
Many elements of parenting are no different for people who can’t see: child-proofing outlets and stairs, interpreting a baby’s cries or using wearable baby wraps, for example.
Others require a bit more creativity. Some blind and low-vision parents attach tiny bells to crawling babies’ shoes to keep track of them. Squeaky sneakers later provide audible cues for tracking a toddler’s whereabouts.
“I know exactly what’s going on by what I’m hearing,” Porterfield said. “(There are) so many things we use our non-visual skills for.”
Talking thermometers, plastic medicine cups with raised markings or prefilled syringes help when children are sick. Parents can also recognize rashes, fevers and swelling by touch.
To teach children to read, parents can memorize simple baby books or use braille overlays for more advanced stories.
When outside the home, parents can use pullable strollers that don’t interfere with canes or service dogs. They might choose parks that are fenced-in and try to arrange playground trips with friends who have older children.
Transportation remains a challenge, parents said, but on-demand rideshare services like Lyft and Uber have made in-town travel easier.
“We take my son to hockey every week. We take my daughter to Greek school every week. We take my children to and from school every day,” said Kevin Lowe, a blind father of four whose wife is also blind. “Being a parent has been one of the greatest joys of our lives.”