SESSION OF 2022
SUPPLEMENTAL NOTE ON SENATE BILL NO. 276
As Amended by Senate Committee on Public
Health and Welfare

Brief*
SB 276, as amended, would, among other things,
prohibit blindness from being a determinant factor for denial
or restriction of legal custody, residency, or parenting time
when it is determined to otherwise be in the best interest of a
child. The bill would also make certain findings and
declarations of the Legislature.

Definitions
The bill would define the following terms:
● “Blind” or “blindness” would mean a central visual
acuity of 20/200 or less in the better eye with the
use of a correcting lens. The term “blind” or
“blindness” would include any degenerative
condition that reasonably can be expected to result
in blindness;
● “Family foster home” would mean a child care
facility that is a private residence, including any
adjacent grounds, where a person provides care
for 24 hours per day for one or more children in
foster care and for which a license is required
under statute; and
● “Supportive parenting services” would mean
services including, but not limited to, services, aids,
and supports that may assist a parent or
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
 prospective parent who is blind in the effective use
of non-visual techniques and other alternative
methods to enable the parent or prospective parent
to discharge parental responsibilities as
successfully as a parent who is not blind.
Legal Custody, Residency, or Parenting Time
The bill would provide that, in any action brought under
the Kansas Parentage Act or law related to dissolution of
marriage, a parent’s blindness would not serve as a basis for
denial or restriction of legal custody, residency, or parenting
time when such legal custody, residency, or parenting time is
determined to otherwise be in the best interest of the child.
The bill would require, if a parent’s blindness is alleged
to not be in the best interests of a child, the party asserting
such an allegation would be required to prove by clear and
convincing evidence that the parent’s blindness is not in the
bests interests of the child. The bill would provide, if the party
asserting the allegation satisfies the burden of proof, the blind
parent would have an opportunity to present evidence that,
with the implementation of supportive parenting services,
placement with such parent is in the best interests of the
child.
The bill would allow the court to issue an order requiring
supportive parenting services to be implemented and allow
the parties to request the court review the need for continuing
such supportive parenting services after a reasonable period
of time. The bill would require a court, if it denies or otherwise
restricts a blind parent’s request for legal custody, to make
specific findings of fact stating the basis for its decision,
including reasons why the provision of supportive parenting
services is not a reasonable accommodation required to
prevent such denial or restriction.
The bill would provide that, in any action brought under
the Kansas Adoption and Relinquishment Act, an individual’s

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blindness not serve as a basis for the denial of such
prospective parent’s participation in any adoption or, in any
action brought under the Act for Obtaining a Guardian or a
Conservator, or Both, appointment as a guardian when such
appointment is determined to be in the best interest of the
child.
The bill would also provide that an individual’s blindness
would not serve as the basis for the denial or restriction of
licensure as a family foster home.
The bill would provide, in any action brought under the
Revised Kansas Code for Care of Children, that an
individual’s blindness would not serve as the basis for an
order of temporary custody, adjudication, disposition, finding
of unfitness, or termination of parental rights. The bill would
require the court, if it issues such an adverse order, to make
specific findings of fact stating the basis for its decision,
including reasons why the provision of supportive parenting
services is not a reasonable preventative accommodation.
The bill would be in effect upon publication in the
Kansas Register.

Background
The bill was introduced by the Senate Committee on
Federal and State Affairs at the request of Senator Ware.

Senate Committee on Public Health and Welfare
In the Senate Committee hearing on February 1, 2022,
private citizens and representatives of the Disability Rights
Center of Kansas, National Federation of the Blind of Kansas,
and Southeast Kansas Independent Living Resource Center
provided proponent testimony, stating the bill would prevent
discrimination against blind parents and provide procedural

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safeguards that are not specified in the Americans with
Disabilities Act.
Written-only proponent testimony was provided by ten
private citizens.
No other testimony was provided.
The Senate Committee amended the bill to change the
effective date to upon publication in the Kansas Register.

Fiscal Information
According to the fiscal note provided by the Division of
the Budget on the bill, as introduced, the Department of
Children and Families indicates enactment of the bill would
have no fiscal effect on the agency. The Office of Judicial
Administration (OJA) indicates enactment of the bill could
have a fiscal effect on revenue and expenditures of the
Judiciary. The bill would require the court to consider specific
items in certain cases if one of the parties is blind. While this
could increase the workload of judges and make cases more
complicated, OJA states the workload is not anticipated to be
significant. However, OJA indicates it is not possible to
estimate the number of additional court cases that would
arise or how complex and time-consuming they would be, so
a fiscal effect cannot be determined. Any fiscal effect
associated with the bill is not reflected in The FY 2023
Governor’s Budget Report.
Children; families; blindness; parental rights


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