SB536 (2016) Detail

Relative to emergency interim relief under the child protection act.

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AN ACT\trelative to emergency interim relief under the child protection act.


SPONSORS:\tSen. Boutin, Dist 16; Sen. Fuller Clark, Dist 21; Sen. Soucy, Dist 18; Sen. Kelly, Dist 10; Sen. Woodburn, Dist 1; Sen. Reagan, Dist 17; Sen. Stiles, Dist 24;

Sen. Watters, Dist 4; Sen. Lasky, Dist 13; Sen. Morse, Dist 22; Sen. Bradley, Dist 3; Rep. Weber, Ches. 1; Rep. Berrien, Rock. 18; Rep. P. Long, Hills. 10


COMMITTEE:\tHealth and Human Services






\tThis bill clarifies the procedure for obtaining an ex parte order to remove a child in cases of imminent danger.


\tThe bill is a request of the commission to review child abuse fatalities, established in 2015, 127.


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Explanation:\tMatter added to current law appears in bold italics.

\t\tMatter removed from current law appears [in brackets and struckthrough.]

\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.






In the Year of Our Lord Two Thousand Sixteen


AN ACT\trelative to emergency interim relief under the child protection act.


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


\t200:1  Child Protection Act; Emergency Interim Relief.  Amend RSA 169-C:6-a to read as follows:

\t169-C:6-a  Emergency Interim Relief.  

\t\tI.  If a child is found by a child protection services worker of the department to be in imminent danger in such circumstances or surroundings and where immediate removal appears necessary to protect the child from such imminent danger, the department’s child protection services worker shall contact the court for an ex parte order to remove the child.  Prior to any order authorizing foster placement, the child protective services worker shall inform the judge of efforts to locate any non-custodial parent or other relatives for temporary placement.

\t\tII.  The department or law enforcement officer requesting [the court for] an ex parte order shall, to the extent known, present in person or by telephone, either orally under oath or by sworn written affidavit, the following [evidence in writing with sworn signature or orally under oath] information:

\t\t\t(a)  A statement of the specific danger requiring either immediate placement of the child or removal of the alleged perpetrator.

\t\t\t(b)  The time, place, and manner in which the child was removed from danger, if relevant.

\t\t\t(c)  If the child was removed prior to the court order, a brief statement why it was not possible to obtain the order prior to removal.

\t\t\t(d)  Why there is not sufficient time to notify the parent, guardian, or custodian prior to the order.

\t\t\t(e)  The names and addresses of custodial parents, non-custodial parents, legal custodians, other legal guardians of the child, and any other person responsible for the welfare of the child at the time of removal.

\t\t\t(f)  When removal of the child is requested, those alternatives to foster care which were considered, such as removal of the alleged perpetrator, or placement of the child with relatives or others with whom the child is familiar.

\t\t[II.] III.  Whenever a petition is filed for abuse or neglect with or prior to the request for ex parte relief, the request need not repeat information included in the petition.

\t\t[III.] IV.  If the court finds reasonable cause to believe that the child is in such circumstances or surroundings as would present an imminent danger to the child’s health or life, the court shall issue such ex parte orders as are necessary to protect the child and shall set the matter for hearing no later than 5 days from the date of the ex parte orders, excluding Saturdays, Sundays, and holidays.

\t\tV.  If the court issues an ex parte order based upon oral testimony provided by the department, the department shall submit a written affidavit supporting the department’s request for ex parte relief on the next business day.

\t\t[IV.] VI.  If the court issues ex parte orders, the department or law enforcement officer shall file a petition meeting the requirements of RSA 169-C:7 within 72 hours of the issuance of the orders, excluding Saturdays, Sundays, and holidays.

\t200:2  Repeal.  RSA 169-C:6, V, relative to the procedure for removal in cases of imminent danger, is repealed.

\t200:3  Effective Date.  This act shall take effect 60 days after its passage.

Approved: June 6, 2016

Effective Date: August 5, 2016