169-C:23 Standard for Return of Child in Placement. –
In the absence of a guardianship of the person of the minor, governed by the terms of RSA 463, before a child in out-of-home placement is returned to the custody of his or her parents, the parent or parents shall demonstrate to the court that:
I. They are in compliance with the outstanding dispositional court order;
II. The child will not be endangered if returned home; and
III. Return of custody is in the best interests of the child, and with a showing that the parent has an ability to provide proper parental care, it shall be presumed that a return of custody is in the child's best interests unless the department demonstrates evidence to the contrary.