CHAPTER 235
HB 441 – FINAL VERSION
11Mar2015… 0614h
06/04/2015 1951s
2015 SESSION
15-0217
05/04
HOUSE BILL 441
AN ACT permitting the department of health and human services to share information in a termination of parental rights case with a foster parent who intends to adopt the child; and relative to financial affidavits submitted in hearings regarding child support, property settlement, and alimony.
SPONSORS: Rep. Itse, Rock 10; Rep. Hoell, Merr 23; Rep. Oligny, Rock 34; Rep. DeSimone, Rock 14; Rep. Kappler, Rock 3; Sen. Reagan, Dist 17; Sen. Cataldo, Dist 6; Sen.?Avard, Dist 12
COMMITTEE: Children and Family Law
This bill:
I. Permits the department of health and human services to share information regarding the status of a petition to terminate parental rights with a foster parent if the foster parent intends to adopt the child.
II. Provides that the financial affidavits submitted by the parties prior to a hearing regarding child support, property settlement, or alimony shall be accepted as prima facie evidence of their content.
III. Permits a party aggrieved by a false statement in a financial affidavit to bring a civil action for damages.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11Mar2015… 0614h
06/04/2015 1951s
15-0217
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
AN ACT permitting the department of health and human services to share information in a termination of parental rights case with a foster parent who intends to adopt the child; and relative to financial affidavits submitted in hearings regarding child support, property settlement, and alimony.
Be it Enacted by the Senate and House of Representatives in General Court convened:
235:1 Title. Section 2 of this act shall be known as “Christopher’s Law.”
235:2 Termination of Parental Rights; Confidentiality of Records. Amend RSA 170-C:14, I to read as follows:
170-C:14 Confidentiality of Records. [Any other law concerning public hearings and records notwithstanding:]
I. All hearings held in termination proceedings shall be in closed court without admittance of any person other than essential officers of the court, the parties, their witnesses, counsel, and representatives of the agencies present to perform their official duties.
II. All papers and records, including birth certificates, pertaining to the termination, whether part of the permanent record of the court or of a file in the department, in an agency or office of the town clerk, or in the division of vital records administration are subject to inspection only upon written consent of the court for good cause shown.
III. Notwithstanding paragraph II, if the New Hampshire department of health and human services has petitioned for termination of parental rights under this chapter and the child named in the petition resides with a foster parent who intends to adopt the child, the department may share information regarding the status of the case with the child’s foster parent.
IV. If any person shall violate any of the provisions of this section, he or she shall be subject to the following penalty:
(a) If the offense occurs prior to November 1, 1973, he or she shall be fined $500 or be imprisoned for 6 months, or both.
(b) If the offense occurs on or after November 1, 1973, he or she shall if a natural person be guilty of a misdemeanor, and any other person shall be guilty of a felony.
235:3 Annulment, Divorce, and Separation; Financial Affidavits. Amend RSA 458:15-b, I to read as follows:
I. Prior to a hearing regarding child support, property settlement, or alimony, both parties shall submit financial affidavits. The financial affidavits shall be accepted as prima facie evidence of the facts reflected therein unless challenged by a party. Any party aggrieved by a false statement in a financial affidavit filed pursuant to this chapter may file a civil action for money damages. In any such civil action, a party proving that the other party made a knowing false statement on a financial affidavit shall be entitled to receive treble damages and attorney’s fees.
I-a. Except as provided in paragraph III, all financial affidavits filed under this chapter shall be confidential and accessible only to the parties, their attorneys, the guardian ad litem, department of health and human services employees responsible for child support administration, persons specified in RSA 161-B:7, III, and state and federal officials for the purpose of carrying out their official functions.
235:4 Effective Date.
I. Section 3 of this act shall take effect January 1, 2016.
II. The remainder of this act shall take effect 60 days after its passage.
Approved: July 13, 2015
Effective Date: I. Section 3 shall take effect January 1, 2016
II. Remainder shall take effect September 11, 2015