Revision: April 24, 2024, 11:42 a.m.
Rep. M. Pearson, Rock. 34
April 23, 2024
2024-1587h
05/06
Amendment to SB 417-FN
Amend the bill by replacing section 3 with the following:
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] circuit court regarding his or her 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 parent’s existing and historical relationship with that child;
(b) The parent’s untreated mental health or substance use issues;
(c) The parent’s provision of care to other children in their household, including addressing education needs, medical care, and mental and behavioral health care;
(d) The condition of the parent’s home;
(e) Any prior allegations of child abuse or neglect; and
(f) The results of the department’s safety assessment of that parent, their home, and any other adults in the home.
Amend the introductory paragraph of RSA 169-C:19-h, I and subparagraph I(a) as inserted by section 4 of the bill by replacing it with the following:
I. If remaining in the family home is determined to be contrary to the welfare of the child, pursuant to RSA 169-C:6-b, I, to secure placement:
(a) With kin, fictive kin, or in a kinship care home; or
Amend RSA 169-F:6 as inserted by section 6 of the bill by inserting after paragraph II the following new paragraph:
III. In this chapter, "fictive kin" means a person who is not related by birth, adoption, or marriage but who has an emotionally significant relationship with the child that is both substantial and positive, and who is willing and able to provide a suitable home for the child prior to or in lieu of placement in foster care.