HB 1393

HB 1393 - AS AMENDED BY THE HOUSE

AN ACT relative to the appeal of the lower court's decision in a child protection case.

SPONSORS: Rep. Rowe, Hills. 47

This bill removes the right to a de novo appeal in abuse and neglect cases. The superior court's review is limited to whether the lower court's decision was clearly unreasonable or arbitrary.

This bill is a request of the committee to study the process of de novo appeals from the district courts, 2003, 75 (HB 77).

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to the appeal of the lower court's decision in a child protection case.

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

1 Child Protection Act; Appeals. RSA 169-C:28 is repealed and reenacted to read as follows:

I. An appeal of the adjudicatory finding of the district court or family division under this chapter may be taken to the superior court by the child or the child's authorized representative or any party having an interest, including the state, or any person subject to any administrative decision pursuant to this chapter, within 10 days of the district court's or family division's order on adjudication; but an appeal shall not suspend an order or decision or the proceedings of the district court or family division.

II. The superior court shall give an appeal under this chapter priority on the court calendar, and shall review the district court or family division adjudicatory ruling to determine whether the ruling is clearly unreasonable or arbitrary. The dispositional order of the district court or family division is not subject to review or modification by the superior court. The appealing party shall have the burden of proof. In reviewing the district court or family division ruling, the superior court may accept offers of proof and shall accept written memoranda from the appealing party and other parties, and may review all or parts of the district court or family division record. As justice may require, the superior court may remand the appeal to the district court or family division for further findings of fact. The superior court shall allow for newly discovered evidence to be presented de novo if the evidence was not known or available upon reasonable search at the time of the district court or family division adjudication, is material and relevant, and has potentially significant merit.

III. If the superior court finds that the district court or family division adjudicatory finding of abuse or neglect is clearly unreasonable or arbitrary, the superior court shall dismiss the abuse or neglect petition with prejudice. If the superior court finds that a dismissal of the petition by the district court or family division was improper and finds, further, that the child has been abused or neglected, then the superior court shall so rule and shall return the matter to the district court or family division for disposition. If the superior court finds that the district court or family division adjudicatory ruling is not clearly unreasonable or arbitrary, the superior court shall so rule and shall return the matter to the district court or family division. The corrective time period shall commence from the date of the district court or family division adjudicatory order.