HB180: relative to proceedings for termination of parental rights.

HB 180 - AS AMENDED BY THE HOUSE

06feb03... 0103h

2003 SESSION

03-0663

05/01

HOUSE BILL 180

AN ACT relative to proceedings for termination of parental rights.

SPONSORS: Rep. Hallyburton, Hills 45

COMMITTEE: Children and Family Law

AMENDED ANALYSIS

This bill declares that, in cases where the court finds grounds for termination of the parent-child relationship but determines termination is not in the child's best interest, the court order denying the request shall specifically state this finding.

The bill also declares that, if a second petition to terminate parental rights is brought within the next 2 years and there has been no substantial change in circumstances, the original finding that grounds for termination exist shall be conclusive, and the hearing shall be limited to whether termination of the parent-child relationship is in the child's best interest.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06feb03... 0103h

03-0663

05/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to proceedings for termination of parental rights.

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

1 New Paragraph; Termination of Parental Rights; Decree; Proceedings in Which Termination of the Parent-Child Relationship Is Not in the Best Interest of the Child. Amend RSA 170-C:11 by inserting after paragraph III the following new paragraph:

III-a. If the court finds grounds for the termination of the parent-child relationship but determines that termination of the parent-child relationship is not in the child's best interest, the court order shall so state. In a subsequent proceeding for termination of the same parent-child relationship commenced within 2 years of the court order, the prior finding that grounds for termination of the parent-child relationship exist shall be conclusive, absent a substantial change in circumstances. At the initial hearing in a subsequent proceeding, the court shall accept offers of proof to substantiate a substantial change in circumstances. If, in the court's sound discretion, a substantial change in circumstances exists, the prior court order finding grounds for termination of the parent-child relationship shall not be conclusive, and the court shall proceed with a full evidentiary hearing on the matter. If the court does not find a substantial change in circumstances, the court's inquiry in the second proceeding shall be limited to a determination of whether termination of the parent-child relationship is in the child's best interest.

2 Effective Date. This act shall take effect January 1, 2004.