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HB755: relative to the burden of proof in child abuse and neglect proceedings.

Bill details

Version history, amendments, and roll-call votes were not present in the imported local bill data.

Sponsors

Topics

Children and Family Law

Official links

HB 755 - AS INTRODUCED

2003 SESSION

03-0223

09/10

HOUSE BILL 755

AN ACT relative to the burden of proof in child abuse and neglect proceedings.

ANALYSIS

This bill changes the burden of proof in child abuse and neglect proceedings from a preponderance of the evidence to clear and convincing evidence.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-0223

09/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to the burden of proof in child abuse and neglect proceedings.

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

1 Intent. The general court recognizes that whenever the state intervenes in a family, there is a psychological injury to the child or children involved. Therefore, it is imperative that any injury inflicted by the state is less than the injury known to be sustained in the home.

2 Child Abuse and Neglect Proceedings; Burden of Proof. Amend RSA 169-C:13 to read as follows:

169-C:13 Burden of Proof. The petitioner has the burden to prove the allegations in support of the petition by [a preponderance of the] clear and convincing evidence.

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