Arizona Laws 8-509.01. Prospective foster parent’s blindness; burden of proof; specific written findings; definitions
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.
Terms Used In Arizona Laws 8-509.01
- Allegation: something that someone says happened.
- department: means the department of child safety. See Arizona Laws 8-501
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Foster home: means a home that is maintained by any individual or individuals having the care or control of minor children, other than those related to each other by blood or marriage, or related to such individuals, or who are legal wards of such individuals. See Arizona Laws 8-501
- Foster parent: means any individual or individuals maintaining a foster home. See Arizona Laws 8-501
- Parent: means the natural or adoptive mother or father of a child. See Arizona Laws 8-501
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
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.