Revision: May 20, 2024, 4:36 p.m.
Rep. Post, Hills. 42
May 20, 2024
2024-2071h
06/08
Floor Amendment to SB 417-FN
Amend the title of the bill by replacing it with the following:
AN ACT relative to out-of-home placements for children and interference with child custody and shared parenting.
Amend the bill by inserting after section 11 the following and renumbering the original section 12 to read as 15:
12 Parental Rights and Responsibilities; Parenting Plan Contents; Access to Records and Information. Amend RSA 461-A:4, II(b) to read as follows:
(b) Information sharing and access, including telephone and electronic access. Unless the court order or parenting plan specifically provides otherwise, and unless otherwise precluded by state or federal law, both parents shall have access to records and information pertaining to a minor child including, but not limited too, medical, dental, and school records.
13 Parental Rights and Responsibilities; Judicial Enforcement of Parenting Schedule. Amend RSA 461-A:4-a to read as follows:
461-A:4-a Judicial Enforcement of Parenting Plan.
I. The court shall hold a hearing on any motion for contempt or enforcement of an order regarding an approved parenting plan under this chapter[,if filed by a parent, shall be reviewed by the court] filed by a parent within 30 days, and within 10 days of the conclusion of an investigation by the division for children youth and families (DCYF) or law enforcement.
II. If the court finds that a parent has, without just cause, failed to abide by the terms of a parenting plan under RSA 461-A:4, or access was denied due to an investigation by DCYF that did not result in a finding of abuse or neglect, the court shall order additional parenting time to the other parent as compensation for time lost with the child. The court shall order the parties to resume the parenting schedule immediately thereafter according to the original court-ordered parenting plan.
III. In addition to reasonable attorneys fees and costs under RSA 461-A:15, the court may impose a fine of $500 for noncompliance with the parenting plan.
14 Applicability. This act shall apply to any proceeding in the family division of the circuit court affecting the child-parent relationship pending on or after the effective date of this act. This act shall not apply to any proceeding in which a final order was issued prior to the effective date of this act.
2024-2071h
AMENDED ANALYSIS
This bill:
I. Revises criteria for out-of-home placement of children under the child protection act and other juvenile statutes and establishes an order of preference based on placement with the child's siblings, when possible, and proximity to the child's community of origin.
II. Makes appropriations to the department of health and human services and the judicial branch to support implementation of the act.
III. Provides that unless the parenting plan specifically provides otherwise, both parents shall have access to all records and information pertaining to the child.
IV. Directs the court to award a parent additional parenting time in response to the other parent's noncompliance with the parenting schedule.
V. Permits the court to fine the parent for noncompliance with the court-ordered parenting schedule.