Bill Text - HB333 (2019)

Relative to mental health professionals in private custody matters.


Revision: Dec. 31, 2018, 12:27 p.m.

HB 333 - AS INTRODUCED

 

 

2019 SESSION

19-0603

05/04

 

HOUSE BILL 333

 

AN ACT relative to mental health professionals in private custody matters.

 

SPONSORS: Rep. Plumer, Belk. 6

 

COMMITTEE: Children and Family Law

 

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ANALYSIS

 

This bill permits the parties in a parenting case to engage in therapy with a qualified counselor of their choosing.  The bill also provides that the court shall not order the psychological evaluation of a parent unless there is evidence of domestic violence or abuse and neglect.  In such cases, the parent may select the mental health provider to conduct the evaluation.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-0603

05/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to mental health professionals in private custody matters.

 

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

 

1  Parenting Plan; Counseling.  Amend RSA 461-A:4, III to read as follows:

III.  If the parties are insured and the parenting plan directs the parties to participate in counseling, the court shall give due consideration to selecting a counselor who accepts direct payment from the parties' health insurance carrier.  Whenever possible, the court shall permit the parties to engage in counseling with a qualified mental health provider selected by the parties.  

2  New Paragraph; Determination of Parental Rights and Responsibilities; Psychological Evaluation.  Amend RSA 461-A:6 by inserting after paragraph IV the following new paragraph:

IV-a.  The court shall not order the psychological evaluation of a parent unless the court has documented evidence of child abuse or neglect or domestic violence involving the parent.  In such cases, the court shall permit the parent to select the mental health provider to conduct the evaluation, provided that the mental health provider meets any criteria or qualifications established by the court.

3  Effective Date.  This act shall take effect January 1, 2020.