CHAPTER 229

HB 699 - FINAL VERSION

18apr01...0662h

2001 SESSION

01-1057

05/09

HOUSE BILL 699

AN ACT relative to the rights of non-offending parents in the context of abuse and neglect cases.

SPONSORS: Rep. Mirski, Graf 12; Rep. Soltani, Merr 10

COMMITTEE: Children and Family Law

AMENDED ANALYSIS

This bill requires that parents who have not been charged with abuse and neglect be afforded a hearing regarding their ability to obtain custody of their children.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18apr01...0662h

01-1057

05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

AN ACT relative to the rights of non-offending parents in the context of abuse and neglect cases.

Be it Enacted by the Senate and House of Representatives in General Court convened:

229:1 New Section; Child Protection Act; Custody Hearing For Parent Not Charged With Abuse or Neglect. Amend RSA 169-C by inserting after section 19-d the following new section:

169-C:19-e Custody Hearing for Parent Not Charged With Abuse or Neglect. A parent who has not been charged with abuse or neglect shall be afforded, upon request, a full hearing in the district or family court regarding his or her ability to obtain custody. At the hearing, the parent shall be provided the opportunity to present evidence pertaining to his or her ability to provide care for the child and shall be awarded custody unless the state demonstrates, by a preponderance of the evidence, that he or she has abused or neglected the child or is otherwise unfit to perform his or her parental duties.

229:2 Effective Date. This act shall take effect January 1, 2002.

(Approved: July 11, 2001)

(Effective Date: January 1, 2002)