SB574 (2020) Detail

Relative to a petition for protective order filed on behalf of a child.


SB 574  - AS INTRODUCED

 

 

2020 SESSION

20-3077

05/01

 

SENATE BILL 574

 

AN ACT relative to a petition for protective order filed on behalf of a child.

 

SPONSORS: Sen. Hennessey, Dist 5; Sen. Cavanaugh, Dist 16; Sen. Soucy, Dist 18

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill revises and clarifies the procedure for filing a petition for protective order on behalf of a child and the type of relief the court may grant in such cases.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-3077

05/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to a petition for protective order filed on behalf of a child.

 

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

 

1  Child Protection Act; Petition for Protective Order Filed on Behalf of a Child.  RSA 169-C:7-a is repealed and reenacted to read as follows:

169-C:7-a  Petition for Protective Order Filed on Behalf of a Child.

I.  A parent or guardian may file a petition for a protective order on behalf of a child, alleging abuse or threats of abuse of the child by a member of the child's family or household other than by any parent or guardian of the child.  

II.  The definitions in RSA 169-C:3 shall apply to the terms in this section.  Where the term plaintiff is used in any referenced section of RSA 173-B, the term plaintiff shall refer to the protected child where appropriate.  

III.  The following provisions pertaining to jurisdiction, venue, commencement of proceeding, notification, violations of the protective order, and enforceability shall apply to petitions filed under this section:

(a)  RSA 173-B:2;

(b)  RSA 173-B:3, I and III through VIII;

(c)  RSA 173-B:8;

(d)  RSA 173-B:9, I through IV; and

(e)  RSA 173-B:13.

IV.(a)  Upon a showing of probable cause of abuse or threats of abuse, the court may enter temporary orders to protect the child with or without actual notice to the defendant.  The court may issue such temporary orders by telephone or facsimile.  Such telephonically issued orders shall be made by a circuit court judge to a law enforcement officer, shall be valid in any jurisdiction in the state, and shall be effective until the close of the next regular court business day.  Such orders shall be returnable to the circuit court where the plaintiff resides or to which the plaintiff has fled, unless otherwise ordered by the issuing judge.  If non-telephonic temporary orders are made ex parte, the party against whom such relief is issued may file a written request with the clerk of the court and request a hearing on such orders.  Such hearing shall be held no less than 3 business days and no more than 5 business days after the request is received by the clerk.  Such hearings may constitute the final hearing described in RSA 173-B:3, VII.

(b)  Protective relief may be ordered as provided in RSA 173-B:4, I(a)(1), (2), (3), (6), (7), (8), and (10).

(c)  Other relief may be ordered as follows:

(1)  If the child is residing in premises solely owned or leased by the respondent, the court may order the respondent to remain out of such residence for a period of no more than 30 days.

(2)  The court may restrain such respondent from taking any action which would lead to the disconnection of any and all utilities and services to the child’s household, or the discontinuance of existing business or service contracts, including, but not limited to, mortgage or rental agreements.

V.  Upon a showing of abuse by a preponderance of the evidence, the court shall grant such protective orders as are necessary to protect the child from such abuse, as allowed in RSA 173-B:5, I(a)(1), (2), (3), (4), (5) and (7) and RSA 173-B:5, VI, VII,VIII, VIII-a, and IX.

VI.  The provisions for confidentiality set forth in RSA 169-C:25 shall apply to these petitions, except as follows:

(a)  An order issued under this section may be disclosed to persons or entities connected with the child, including but not limited to the child’s school, care provider, coach, employer, or physician.

(b)  A copy of each order issued under this section shall be transmitted to the administrative office of the courts by facsimile or computer.  An emergency protective order issued telephonically shall be transmitted by telephone or facsimile to the department of safety.

(c)  The administrative office of the courts shall enter information regarding the orders into the state database which shall be made available to police and sheriff departments.  The department of safety shall make available information regarding emergency orders issued telephonically to police and sheriff departments.

(d)  The administrative office of the courts shall update the database upon expiration or termination of a protective order.

(e)  Notwithstanding any other provision of law, the administrative office of the courts or the department of safety, its employees and agents, and law enforcement officials shall not be held criminally or civilly liable for action taken under this chapter or RSA 458:16, provided they are acting in good faith and without gross negligence, and within the scope of their duties and authority.

VII.  Any petition filed under this section shall be provided to the department pursuant to RSA 169-C:8-a.

VIII.  Except as otherwise provided in this section, provisions of RSA 169-C shall not apply to a petition for protective order filed on behalf of a child.

2  Notice of Petition to Department of Health and Human Services.  Amend 169-C:8-a to read as follows:

169-C:8-a  Notice of Petition to Department of Health and Human Services.  The court shall serve the department of health and human services with a copy of any petition filed under RSA 169-C:7 or RSA 169-C:7-a, and the department shall have legal standing at and receive notice of all proceedings under this chapter from the time of said service.

3  Effective Date.  This act shall take effect upon passage.

Links

SB574 at GenCourtMobile
SB574 Discussion

Action Dates

Date Body Type
Feb. 11, 2020 Senate Hearing

Bill Text Revisions

SB574 Revision: 7786 Date: Jan. 2, 2020, 1:53 p.m.

Docket

Date Status
Jan. 8, 2020 To Be Introduced 01/08/2020 and Referred to Judiciary; SJ 1
Feb. 11, 2020 Hearing: 02/11/2020, Room 100, SH, 10:15 am; SC 6