Bill Text - SB166 (2017)

Relative to termination of the parent-child relationship in cases of sexual assault.


Revision: May 11, 2017, 4:59 p.m.

SB 166 - VERSION ADOPTED BY BOTH BODIES

 

20Apr2017... 1008h

2017 SESSION

17-0921

05/04

 

SENATE BILL 166

 

AN ACT relative to termination of the parent-child relationship in cases of sexual assault.

 

SPONSORS: Sen. Lasky, Dist 13; Sen. Birdsell, Dist 19; Sen. Bradley, Dist 3; Sen. Carson, Dist 14; Sen. Gray, Dist 6; Sen. Hennessey, Dist 5; Sen. Innis, Dist 24; Sen. Kahn, Dist 10; Sen. Reagan, Dist 17; Sen. Soucy, Dist 18; Sen. Watters, Dist 4; Rep. Keans, Straf. 23; Rep. Wall, Straf. 6; Rep. Walz, Merr. 23

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill provides that upon a showing that the child's birth is the result of sexual assault of the birth mother, there shall be a rebuttable presumption that termination of the biological father's parental rights is in the best interest of the child.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20Apr2017... 1008h 17-0921

05/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to termination of the parent-child relationship in cases of sexual assault.

 

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

 

1  Termination of the Parent-Child Relationship in Cases of Sexual Assault.  Amend the introductory paragraph of RSA 170-C:5-a to read as follows:

170-C:5-a  Termination of the Parent-Child Relationship in Cases of Sexual Assault.  A petition for termination of the parent-child relationship shall be granted in cases where the child's birth is the result of sexual assault of the birth mother and where termination of the parent-child relationship is in the best interests of the child. Upon a showing, beyond a reasonable doubt, that the child's birth is the result of sexual assault of the birth mother, there shall be a rebuttable presumption that termination of the biological father's parent-child relationship with the child is in the best interest of the child.  This section shall apply to a person who has been found to be the father of a child and who:

2  Effective Date.  This act shall take effect January 1, 2018.