Revision: June 10, 2024, 12:26 p.m.
June 6, 2024
2024-2291-CofC
05/08
Committee of Conference Report on SB 417-FN, relative to out-of-home placements for children.
Recommendation:
That the Senate recede from its position of nonconcurrence with the House amendment, and concur with the House amendment, and
That the Senate and House adopt the following new amendment to the bill as amended by the House, and pass the bill as so amended:
Amend the bill by replacing section 2 and 3 with the following:
2 Child Protection Act; Siblings. RSA 169-C:19-d is repealed and reenacted to read as follows:
169-C:19-d Siblings.
I. The department shall place a child with the child's siblings unless doing so would be harmful to the child or siblings, or otherwise not in the child's best interest.
II. If siblings are not placed together, reasonable efforts shall be made to provide for visitation with siblings, unless such visitation would be harmful the child or sibling.
3 Child Protection Act; Custody Hearing for Parent Not Charged with Abuse or Neglect. Amend RSA 169-C:19-e, I to read as follows:
I. [ A parent who has not been charged with abuse or neglect shall be afforded, upon request, a full hearing in the district or family court regarding his or her ability to obtain custody.] There shall be a rebuttable presumption that a parent who has not been charged with abuse or neglect is fit to perform his or her parental duties. This presumption may be challenged by the state with a full hearing in the circuit court regarding such parent’s ability to obtain custody. At the hearing, the parent shall be provided the opportunity to present evidence pertaining to his or her ability to provide care for the child and shall be awarded custody unless the state demonstrates, by a preponderance of the evidence, that he or she [has abused or neglected the child or is otherwise] is unfit to perform his or her parental duties. The court shall make written findings of fact supporting its decision.
I-a. The welfare of the child is the primary factor to be weighed when determining if a parent is fit to parent that child. In determining whether a parent is fit to perform his or her parental duties, the court may consider the following factors, in addition to any other relevant evidence presented:
(a) The unique physical, mental, emotional, educational, developmental as defined in RSA 171-A:2, and medical needs of the child and whether or not the parent is adequately prepared to address those needs;
(b) The parent’s existing and historical relationship with that child;
(c) The parent’s untreated mental health or substance use issues;
(d) The parent’s provision of care to other children in their household, including addressing education needs, medical care, and mental and behavioral health care;
(e) The condition of the parent’s home;
(f) Any prior allegations of child abuse or neglect; and
(g) The results of the department’s evidence-based safety assessment of that parent, their home, and any other adults in the home. A parent’s cooperation with the department's assessment, or their effort to provide any records necessary to such a determination, shall be weighed as a factor in favor of the fitness of that parent. The fact that a parent owns a firearm shall not make a home unsafe per se, nor be weighed against the parent, provided they are compliant with federal and state law, including but not limited to RSA 650-C:1.
The signatures below attest to the authenticity of this Report on SB 417-FN, relative to out-of-home placements for children.
Conferees on the Part of the Senate Conferees on the Part of the House
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Sen. Carson, Dist. 14 Rep. M. Pearson, Rock. 34
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Sen. Gannon, Dist. 23 Rep. S. Smith, Sull. 3
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Sen. Whitley, Dist. 15 Rep. Wallner, Merr. 19
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Rep. Gregg, Hills. 7
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Rep. Long, Hills. 23
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Rep. Hoell, Merr. 27