CHAPTER 235
HB 585 – FINAL VERSION
30Mar2005… 0833h
06/09/05 1604s
2005 SESSION
05/03
HOUSE BILL 585
COMMITTEE: Children and Family Law
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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 RSA 170-C:5, VII is repealed and reenacted to read as follows: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 RSA 169-C:24-a, I(c) is repealed and reenacted to read as follows: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)