HB1360 (2020) Detail

Relative to confidentiality under the child protection act.


HB 1360 - AS INTRODUCED

 

 

2020 SESSION

20-2606

05/01

 

HOUSE BILL 1360

 

AN ACT relative to confidentiality under the child protection act.

 

SPONSORS: Rep. Long, Hills. 10

 

COMMITTEE: Children and Family Law

 

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ANALYSIS

 

This bill provides that in certain cases a member of the general court may be granted access to the court record in a proceeding under the child protection act.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2606

05/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to confidentiality under the child protection act.

 

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

 

1  Child Protection Act; Confidentiality; Access to Record by Member of the General Court.  Amend RSA 169-C:25, I(a) to read as follows:

(a)  The court records of proceedings under this chapter shall be kept in books and files separate from all other court records.  Such records shall be withheld from public inspection but shall be open to inspection by the parties, child, parent, grandparent pursuant to subparagraph (b), guardian, custodian, attorney, member of the general court pursuant to subparagraph (c), or other authorized representative of the child.

2  New Subparagraph; Child Protection Act; Access to Record by Member of the General Court.  Amend RSA 169-C:25, I by inserting after subparagraph (b) the following new subparagraph:

(c)  A member of the general court seeking access to court records under subparagraph (a) shall file a request for access with the court clerk supported by an affidavit signed by the legislator stating the reasons for requesting access and shall give notice of such request to all parties to the case.  The consent of at least one of the child's parents or guardians shall be required for any request filed under this subparagraph.  Any party to the case or parent may object to the legislator's request within 10 days of the filing of the request.  If no objection is made, and for good cause shown, the legislator's request may be granted by the court.  If an objection is made, access may be granted only by court order.

3  Effective Date.  This act shall take effect January 1, 2021.

Links

HB1360 at GenCourtMobile
HB1360 Discussion

Action Dates

Date Body Type
March 3, 2020 House Hearing
March 3, 2020 House Exec Session
House Floor Vote
March 11, 2020 House Floor Vote

Bill Text Revisions

HB1360 Revision: 7040 Date: Dec. 2, 2019, 3:09 p.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Children and Family Law HJ 1 P. 19
March 3, 2020 Public Hearing: 03/03/2020 10:45 am LOB 206
March 3, 2020 Executive Session: 03/03/2020 03:00 pm LOB 206
March 11, 2020 Majority Committee Report: Inexpedient to Legislate for 03/11/2020 (Vote 12-7; RC) HC 10 P. 34
Majority Committee Report: Inexpedient to Legislate (Vote 12-7; RC)
Minority Committee Report: Ought to Pass with Amendment # 2020-1032h
March 11, 2020 Inexpedient to Legislate: MA VV 03/11/2020 HJ 7 P. 74