* § 393. Consideration of blindness during guardianship, custody or adoption proceedings. 1. The department may not deny, decide or oppose a petition or request for guardianship, custody or visitation under this article solely on the basis that the petitioner, parent, guardian or custodian is blind. The blindness of the petitioner, parent, guardian or custodian shall be considered relevant only to the extent that the blindness affects the best interests of the child whose guardianship, custody or visitation is the subject of the petition.

Terms Used In N.Y. Social Services Law 393*2

  • Child: means a person actually or apparently under the age of eighteen years;

    2. See N.Y. Social Services Law 371
  • Custody: means custody in pursuance of or in compliance with expressed provisions of law;

    12. See N.Y. Social Services Law 371
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.

2. The department shall not seek custody or guardianship of a child solely because the child's parent, guardian or custodian is blind. The blindness of the parent, guardian or custodian shall be considered relevant only to the extent that the blindness affects the best interests of the child whose guardianship, custody or visitation is the subject of the petition.

3. As used in this section, "blind" or "blindness" means:

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.

* NB There are 2 § 393's