HB585 (2005) Detail

Relative to grounds for termination of parental rights.


CHAPTER 235

HB 585 – FINAL VERSION

30Mar2005… 0833h

06/09/05 1604s

2005 SESSION

05-0885

05/03

HOUSE BILL 585

AN ACT relative to grounds for termination of parental rights.

SPONSORS: Rep. Dokmo, Hills 6

COMMITTEE: Children and Family Law

AMENDED ANALYSIS

This bill provides that parental rights may be terminated based on a conviction for felony assault, manslaughter, or murder of certain persons related to the defendant.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

30Mar2005… 0833h

06/09/05 1604s 05-0885

05/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to grounds for termination of parental rights.

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

235:1 Grounds for Termination of Parental Rights; Based on Criminal Conviction. RSA 170-C:5, VII is repealed and reenacted to read as follows:

VII. The parent has been convicted of one or more of the following offenses:

(a) Murder, pursuant to RSA 630:1-a or 630:1-b, of another child of the parent, a sibling or step-sibling of the child, the child’s other parent, or other persons related by consanguinity or affinity, including a minor child who resided with the defendant.

(b) Manslaughter, pursuant to RSA 630:2, of another child of the parent, a sibling or step-sibling of the child, the child’s other parent, or other persons related by consanguinity or affinity, including a minor child who resided with the defendant.

(c) Attempt, pursuant to RSA 629:1, solicitation, pursuant to RSA 629:2, or conspiracy, pursuant to RSA 629:3, to commit any of the offenses specified in subparagraphs VII(a) and VII(b).

(d) A felony assault under RSA 631:1, 631:2, 632-A:2, or 632-A:3 which resulted in injury to the child, a sibling or step-sibling of the child, the child’s other parent, or other persons related by consanguinity or affinity, including a minor child who resided with the defendant.

235:2 Child Protection Act; Petition for Termination of Parental Rights Required for Criminal Conviction. RSA 169-C:24-a, I(c) is repealed and reenacted to read as follows:

(c) Where a court of competent jurisdiction has made any one or more of the following determinations:

(1) That the parent has been convicted of murder, pursuant to RSA 630:1-a or RSA¬†630:1-b, of another child of the parent, a sibling or step-sibling of the child, the child’s other parent, or other persons related by consanguinity or affinity, including a minor child who resided with the defendant.

(2) That the parent has been convicted of manslaughter, pursuant to RSA 630:2, of another child of the parent.

(3) That the parent has been convicted of attempt, pursuant to RSA 629:1, solicitation, pursuant to RSA 629:2, or conspiracy, pursuant to RSA 629:3, to commit any of the offenses specified in subparagraphs I(c)(1) or I(c)(2).

(4) That the parent has been convicted of a felony assault under RSA 631:1, 631:2, 632-A:2, or 632-A:3 that resulted in injury to the child, a sibling or step-sibling of the child, the child’s other parent, or other persons related by consanguinity or affinity, including a minor child who resided with the defendant

235:3 Effective Date. This act shall take effect upon its passage.

(Approved: July 11, 2005)

(Effective Date: July 11, 2005)

Links

HB585 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB585 Revision: 9024 Date: Jan. 21, 2010, midnight

Docket