HB 755 - AS INTRODUCED
2003 SESSION
09/10
HOUSE BILL 755
AN ACT relative to the burden of proof in child abuse and neglect proceedings.
SPONSORS: Rep. Itse, Rock 80; Rep. Ingbretson, Graf 13; Rep. Gonzalez, Hills 49; Rep. McElroy, Hills 61
COMMITTEE: Children and Family Law
This bill changes the burden of proof in child abuse and neglect proceedings from a preponderance of the evidence to clear and convincing evidence.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03-0223
09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Three
AN ACT relative to the burden of proof in child abuse and neglect proceedings.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Intent. The general court recognizes that whenever the state intervenes in a family, there is a psychological injury to the child or children involved. Therefore, it is imperative that any injury inflicted by the state is less than the injury known to be sustained in the home.
2 Child Abuse and Neglect Proceedings; Burden of Proof. Amend RSA 169-C:13 to read as follows:
169-C:13 Burden of Proof. The petitioner has the burden to prove the allegations in support of the petition by [a preponderance of the] clear and convincing evidence.
3 Effective Date. This act shall take effect January 1, 2004.