CHAPTER 173
HB 444 – FINAL VERSION
27Mar2007… 0889h
2007 SESSION
05/09
HOUSE BILL 444
AN ACT relative to parental rights in abuse and neglect cases.
SPONSORS: Rep. Pelkey, Ches 7; Rep. C. Chase, Hills 2; Sen. Bragdon, Dist 11
COMMITTEE: Children and Family Law
This bill requires the court to provide written findings of its decision following a custody hearing requested by the non-accused parent in an abuse and neglect proceeding. The bill also requires the department of health and human services to notify the parent of his or her right to request a custody hearing.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
27Mar2007… 0889h
07-0373
05/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to parental rights in abuse and neglect cases.
Be it Enacted by the Senate and House of Representatives in General Court convened:
173:1 Custody Hearing for Parent Not Charged With Abuse or Neglect. Amend RSA 169-C:19-e to read as follows:
169-C:19-e Custody Hearing for Parent not Charged With Abuse or Neglect.
I. 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. The court shall make written findings of fact supporting its decision.
II. The department shall notify a parent who has not been charged with abuse or neglect of his or her right to request a hearing under this section at the earliest available opportunity.
173:2 Effective Date. This act shall take effect January 1, 2008.
Approved: June 18, 2007
Effective: January 1, 2008