Revision: March 25, 2025, 10:35 a.m.
Rep. Kofalt, Hills. 32
March 25, 2025
2025-1355h
11/05
Floor Amendment to HB 553-FN
Amend the title of the bill by replacing it with the following:
AN ACT establishing a clear and convincing standard for determining whether a report of abuse or neglect is founded.
Amend the bill by replacing all after the enacting clause with the following:
1 Abuse and Neglect; Founded Report. Amend RSA 169-C:3, XIII-a to read as follows:
XIII-a. "Founded report" means a report made pursuant to this chapter for which the department finds by [a preponderance of the] clear and convincing evidence that the child who is the subject of such report is abused or neglected.
2 Abuse and Neglect; Unfounded Report. Amend RSA 169-C:3, XXVIII-XXIX to read as follows:
XXVIII. "Unfounded report" means a report made pursuant to this chapter for which the department [determines that there is insufficient evidence to substantiate a finding] cannot find by clear and convincing evidence that the child who is the subject of such report is abused or neglected.
XXIX. A report that is "unfounded but with reasonable concern" means a report made pursuant to this chapter for which the department determines that there is probable cause to believe the child was abused or neglected, but [for which there is insufficient evidence to establish by a preponderance of the evidence] cannot find by clear and convincing evidence that the child [was] is abused or neglected.
3 Abuse and Neglect; Burden of Proof. Amend RSA 169-C:13 to read as follows:
169-C:13 Burden of Proof. – The petitioner has the burden to prove the allegations in support of the petition by [a preponderance of the] clear and convincing evidence.
4 Effective Date. This act shall take effect 60 days after its passage.
2025-1355h
AMENDED ANALYSIS
This bill establishes that a founded report of abuse or neglect requires clear and convincing evidence of abuse or neglect, and redefines certain terms to align with that requirement.