CHAPTER 258

HB 1386 – FINAL VERSION

05Mar2008… 0766h

05/15/08 1743s

2008 SESSION

08-2617

09/04

HOUSE BILL 1386

AN ACT relative to a grandparent’s rights to access court and case records involving a grandchild in child abuse and neglect cases.

SPONSORS: Rep. Crane, Hills 21; Sen. Kenney, Dist 3

COMMITTEE: Children and Family Law

AMENDED ANALYSIS

This bill expands the rights of grandparents to have access to court and case records involving grandchildren in child abuse and neglect cases.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05Mar2008… 0766h

05/15/08 1743s

08-2617

09/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT relative to a grandparent’s rights to access court and case records involving a grandchild in child abuse and neglect cases.

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

258:1 Child Abuse and Neglect. Amend RSA 169-C:25, I to read as follows:

I.(a) The court records of proceedings under this chapter shall be kept in books and files separate from all other court records. Such records shall be withheld from public inspection but shall be open to inspection by the parties, child, parent, grandparent pursuant to subparagraph (b), guardian, custodian, attorney, or other authorized representative of the child.

(b) A grandparent seeking access to court records under subparagraph (a) shall file a request for access with the court clerk supported by an affidavit signed by the grandparent stating the reasons for requesting access and shall give notice of such request to all parties to the case and the minor’s parents. Any party to the case or parent may object to the grandparent’s request within 10 days of the filing of the request. If no objection is made, and for good cause shown, the grandparent’s request may be granted by the court. If an objection is made, access may be granted only by court order.

258:2 Effective Date. This act shall take effect January 1, 2009.

Approved: June 26, 2008

Effective Date: January 1, 2009