8-509.01. Prospective foster parent's blindness; burden of proof; specific written findings; definitions

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. The department may not refuse to license a foster home based on a prospective foster parent's blindness, if the foster home otherwise qualifies for licensure.

B. If a prospective foster parent's blindness is alleged to have a detrimental impact on the operation of the foster home, the person who raises the allegation has the burden of showing by clear and convincing evidence that the prospective foster parent's behavior endangers or is likely to endanger the health, safety or welfare of a child placed with the foster home.

C. If the department denies or limits the licensing of the foster home operated by the prospective foster parent, the department shall make specific written findings that state the basis of the 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.