SB253 (2007) Detail

Relative to appeals in child abuse and neglect cases.


SB 253 – AS INTRODUCED

2007 SESSION

07-1325

09/01

SENATE BILL 253

AN ACT relative to appeals in child abuse and neglect cases.

SPONSORS: Sen. Foster, Dist 13; Rep. Dokmo, Hills 6

COMMITTEE: Judiciary

ANALYSIS

This bill eliminates de novo review by the superior court in appeals of child abuse and neglect cases.

This bill was requested by the supreme court.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07-1325

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT relative to appeals in child abuse and neglect cases.

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

1 Child Protection Act; Appeals. Amend RSA 169-C:28 to read as follows:

169-C:28 Appeals.

[I.] An appeal under this chapter may be taken to the [superior] supreme court by the child or the child's authorized representative or any party having an interest, including the state, or any person subject to any administrative decision pursuant to this chapter, within 30 days of the final dispositional order; but an appeal shall not suspend the order or decision of the court unless the court so orders. The [superior] supreme court shall [hear the matter de novo, and shall] give an appeal under this chapter priority on the court calendar. For purposes of this chapter, a “final dispositional order” includes a dismissal of a petition for abuse and neglect by the district court. “Final dispositional order” shall also include any ruling or order arising from an administrative hearing held or initiated by any administrative agency, including the department, in which a finding of child abuse or neglect is made.

[II. This section shall apply to all appeals under this chapter, including appeals in proceedings before the family division of the courts.]

2 Reference Change; Child Protection Act; Jurisdiction. Amend RSA 169-C:4, III to read as follows:

III. When a custody award has been made pursuant to this chapter, said order shall not be modified or changed nor shall another order affecting the status of the child be issued [by the superior court] except [on] as may be required by an appeal under RSA 169-C:28.

3 Applicability. This act shall apply to all appeals filed on or after January 1, 2008.

4 Effective Date. This act shall take effect January 1, 2008.