Revision: March 10, 2021, 1:43 p.m.
Senate Judiciary
March 10, 2021
2021-0763s
05/04
Amendment to SB 93-FN
Amend the bill by replacing section 1 with the following:
1 Child Protection Act; Definition of Compelling Reason Added. Amend RSA 169-C:3, VII-a to read as follows:
VII-a. “Compelling reason” for assessing permanency at an early permanency hearing includes circumstances where:
(a) Both parents, or only one parent if the other parent is deceased or not identified, have made no effort or only negligible efforts to comply with the dispositional orders;
(b) A ground exists for termination of parental rights for both parents, or for only one parent if other parent is deceased or not identified, under one or more paragraphs of RSA 170-C:5; or
(c) There is another compelling reason to assess the permanency plan of reunification earlier than the 12-month permanency hearing.
VII-b. "Concurrent plan" means an alternate permanency plan in the event that a child cannot be safely reunified with his or her parents.
Amend the introductory paragraph of RSA 169-C:24-b, II(b) as inserted by section 4 of the bill by replacing it with the following:
(b) At an early permanency hearing pursuant to subparagraph I(f), the court shall determine whether the department has proven by clear and convincing evidence that both parents, or only one parent if the other parent is deceased or not identified, cannot currently satisfy the standard of return of the child under RSA 169-C:23 and would be highly unlikely to satisfy such standard at the time of a 12-month permanency hearing such that permanency should be assessed early, based on parents making no effort or only negligible efforts to comply with dispositional orders or based on another compelling reason. If the department does not satisfy its burden, the court shall hold, within 90 days, a periodic review hearing or the 12-month permanency hearing. If the department satisfies its burden, the court shall determine whether it is in the child’s best interest to: