Bill Text: NH SB253 | 2014 | Regular Session | Amended
Bill Title: Relative to grounds for termination of parental rights.
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Passed) 2014-07-23 - Signed by the Governor on 07/21/2014; Chapter 0244; Effective 01/01/2015 [SB253 Detail]
Download: New_Hampshire-2014-SB253-Amended.html
SB 253 – AS AMENDED BY THE HOUSE
03/06/14 0713s
30Apr2014… 1165h
2014 SESSION
05/04
SENATE BILL 253
AN ACT relative to grounds for termination of parental rights.
SPONSORS: Sen. Lasky, Dist 13; Sen. Forrester, Dist 2; Sen. Soucy, Dist 18; Sen. Carson, Dist 14; Rep. S. Chandley, Hills 22; Rep. Cushing, Rock 21
This bill provides that the court shall terminate parental rights in cases where a parent has pled guilty to or is convicted of rape of the birth parent. The bill also provides that if parental rights have not been terminated in such cases, the court shall not require contact between the child and parent under RSA 461-A.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/06/14 0713s
30Apr2014… 1165h
14-2678
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fourteen
AN ACT relative to grounds for termination of parental rights.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Termination of the Parent-Child Relationship in Cases of Sexual Assault. Amend RSA 170-C by inserting after section 5 the following new section:
170-C:5-a Termination of the Parent-Child Relationship in Cases of Sexual Assault. A petition for termination of the parent-child relationship shall be granted in cases where the child’s birth is the result of sexual assault of the birth mother and where termination of the parent-child relationship is in the best interests of the child. This section shall apply to a person who has been found to be the father of a child and who:
I. Has been convicted of or who has pled guilty or nolo contendere to a violation of sexual assault as defined in RSA 632-A:2 through RSA 632-A:4, or a similar statute in another state against the birth mother for his conduct in fathering the child; or
II. At a fact-finding hearing, is found to have committed an act of non-consensual sexual penetration for his conduct in fathering the child.
2 Determination of Parental Rights and Responsibilities; Sexual Assault. Amend RSA 461-A:6, V-VII to read as follows:
V. If the court finds that the birth of the child is the result of an act of sexual assault by the child’s parent, and parental rights have not been terminated under RSA 170-C:5-a, the court may prohibit contact between such parent and the victim of the assault and the child. The court shall make orders that best protect the victim of the assault and the best interests of the child. In this paragraph, “sexual assault” shall mean sexual assault as provided in RSA 632-A:2, RSA 632-A:3, and RSA 632-A:4.
VI. If the court determines that it is in the best interest of the children, it shall in its decree grant reasonable visitation privileges to a party who is a stepparent of the children or to the grandparents of the children pursuant to RSA 461-A:13. Nothing in this paragraph shall be construed to prohibit or require an award of parental rights and responsibilities to a stepparent or grandparent if the court determines that such an award is in the best interest of the child.
[VI.] VII. The court may appoint a guardian ad litem to represent the interests of the child according to RSA 461-A:16.
[VII.] VIII. At the request of an aggrieved party, the court shall set forth the reasons for its decision in a written order.
3 Effective Date. This act shall take effect January 1, 2015.
