1 Child Protection Act; Reunification Prohibited. Amend RSA 169-C:23 to read as follows:

169-C:23 Standard for Return of Child in Placement.

I. In the absence of a guardianship of the person of the minor, governed by the terms of RSA 463, before a child in out-of-home placement is returned to the custody of his or her parents, the parent or parents parent, the parent shall demonstrate to the court that:

I. They are (a) He or she is in compliance with the outstanding dispositional court order;

II. (b) The child will not be endangered in the manner adjudicated on the initial petition, if returned home;

III. (c) Return of custody is in the best interests of the child. Upon showing the ability to provide proper parental care, it shall be presumed that a return of custody is in the child's best interests.

II. In no case shall the court order family reunification or placement with a parent or guardian who is a tier III offender, convicted of a sexual offense against a child as defined in RSA 651-B:1. Nor shall the permanency plan for a child in placement involve family reunification or placement with a parent or guardian who is a tier III offender, convicted of a sexual offense against a child as defined in RSA 651-B:1. Nothing in this paragraph shall be construed as conferring any rights on a parent or guardian who is a tier I or tier II offender, convicted of a sexual offense against a child as defined in RSA 651-B:1.

2 Effective Date. This act shall take effect 60 days after its passage.

1 Child Protection Act; Reunification Prohibited. Amend RSA 169-C:23 to read as follows:

169-C:23 Standard for Return of Child in Placement.

I. In the absence of a guardianship of the person of the minor, governed by the terms of RSA 463, before a child in out-of-home placement is returned to the custody of his or her parent, the parent shall demonstrate to the court that:

(a) He or she is in compliance with the outstanding dispositional court order;

(b) The child will not be endangered in the manner adjudicated on the initial petition, if returned home;

(c) Return of custody is in the best interests of the child. Upon showing the ability to provide proper parental care, it shall be presumed that a return of custody is in the child's best interests.

II. In no case shall the court order family reunification or placement with a parent or guardian who is a tier III offender, convicted of a sexual offense against a child as defined in RSA 651-B:1. Nor shall the permanency plan for a child in placement involve family reunification or placement with a parent or guardian who is a tier III offender, convicted of a sexual offense against a child as defined in RSA 651-B:1. Nothing in this paragraph shall be construed as conferring any rights on a parent or guardian who is a tier I or tier II offender, convicted of a sexual offense against a child as defined in RSA 651-B:1.

2 Effective Date. This act shall take effect 60 days after its passage.