1 New Paragraph; Parental Rights and Responsibilities; Definition Added. Amend RSA 461-A:1 by inserting after paragraph IV the following new paragraph:

IV-a. "Parental Alienation" means a pattern of behavior, conduct, or speech that would damage the relationship of the child and a parent, resulting in the child's fear, negative perception, rejection, or hostility toward their other parent. This includes, but is not limited to, communicating disparaging remarks to a child about their other parent, using tactics to manipulate or coerce a child, and unjustified interference with parenting time. "Parental alienation" shall not include protective actions taken in good faith based on reasonable belief of abuse or neglect under RSA 169-C.

2 Parental Rights and Responsibilities; Judicial Enforcement of Parenting Plan; Family Access Motion. Amend RSA 461-A:4-a, I to read as follows:

I. In the event of substantial and material noncompliance with a court approved parenting plan under this chapter, relative to denying or interfering with parenting time without good cause, the aggrieved parent may file a family access motion for enforcement of the parenting plan. The motion shall state the specific facts which constitute a violation of parenting time from the parenting plan.

3 Parental Rights and Responsibilities; Judicial Enforcement of Parenting Plan; Family Access Motion. Amend the introductory paragraph of RSA 461-A:4-a, IV to read as follows:

IV. Upon a finding by the court pursuant to a motion for a family access order or a motion for contempt that its order for parenting time has been substantially and materially violated, without good cause, the court shall order a remedy, which may include, but not be limited to:

4 Parental Rights and Responsibilities; Decision-making Responsibility. Amend RSA 461-A:5, III to read as follows:

III. Where the court finds that abuse as defined in RSA 173-B:1, I has occurred, the court shall consider such abuse as harmful to children and as evidence in determining whether joint decision-making responsibility is appropriate. In such cases, the court shall make orders for the allocation of parental rights and responsibilities that best protect the children or the abused spouse or both. If joint decision-making responsibility is granted despite evidence of abuse , the court shall provide written findings to support the order.

5 Parental Rights and Responsibilities; Determination of Parental Rights and Responsibilities. Amend RSA 461-A:6, I(j)-(m) to read as follows:

(j)

Any evidence of abuse, as defined in RSA 173-B:1, I or RSA 169-C:3, II, and the impact of the abuse on the child and on the relationship between the child and the abusing parent.

(k) If a parent is incarcerated, the reason for and the length of the incarceration, and any unique issues that arise as a result of incarceration.

(l) The policy of the state regarding the determination of parental rights and responsibilities described in RSA 461-A:2.

(m) Any other additional factors the court deems relevant.

6 Parental Rights and Responsibilities; Modification. Amend RSA 461-A:11, I(b) to read as follows:

(b) If the court finds repeated, intentional, and unwarranted interference by a parent with the residential responsibilities of the other parent, the court may order a change in the parental rights and responsibilities without the necessity of showing harm to the child, if the court determines that such change would be in accordance with the best interests of the child.

7 Parental Rights and Responsibilities; Grandparents' Visitation Rights. Amend RSA 461-A:13, II(b) to read as follows:

(b) Whether such visitation would interfere with any parent-child relationship or with a parent's authority over the child.

8 Parental Rights and Responsibilities; Attorneys' Fees in Contempt Cases. Amend RSA 461-A:15 to read as follows:

461-A:15 Attorneys' Fees in Contempt Cases. In any proceeding under this chapter in which a party alleges, and the court finds, that the other party has failed without just cause to obey a prior order, the court shall award reasonable costs and attorneys' fees to the prevailing party.

9 Guardianship of Minors and Estates of Minors; Statement of Purpose. Amend RSA 463:1 to read as follows:

463:1 Statement of Purpose.

It is the purpose of this chapter to secure for a minor an environment of stability and security by providing for the appointment of a guardian of the person when such appointment is in the best interests of the minor; and to provide for the appointment of a guardian of the estate for the proper management of the property and financial affairs of the minor.

This chapter is designed to provide procedural and substantive safeguards for the rights of parents and their minor children. Implicit in this chapter shall be the recognition that the interests of a minor are generally best promoted in the minor's own home unless the best interests of the minor require substitution or supplementation of parental care and supervision.

10 Child Protection Act; Purpose. Amend RSA 169-C:2, I to read as follows:

I.(a) It is the primary purpose of this chapter, through the mandatory reporting of suspected instances of child abuse or neglect, to provide protection to children whose life, health or welfare is endangered. The best interest of the child shall be the primary consideration of the court in all proceedings under this chapter.

(b) For purposes of determining the best interest of the child under this chapter, the court shall consider the factors set forth in RSA 461-A:6.

11 Termination of Parental Rights; Purpose. Amend RSA 170-C:1 to read as follows:

170-C:1 Purpose.

I.(a) The purpose of this chapter is to provide for the involuntary termination of the parent-child relationship by a judicial process which will safeguard the rights and interests of all parties concerned and when it is in the best interest of the child.

(b) For purposes of determining the best interest of the child under this chapter, the court shall consider the factors set forth in RSA 461-A:6.

II. Implicit in this chapter is the philosophy that whenever possible family life should be strengthened and preserved, and that the parent-child relationship is to be terminated only when the adoption of that child may be contemplated.

12 Effective Date. This act shall take effect 30 days after its passage.

1 New Paragraph; Parental Rights and Responsibilities; Definition Added. Amend RSA 461-A:1 by inserting after paragraph IV the following new paragraph:

IV-a. "Parental Alienation" means a pattern of behavior, conduct, or speech that would damage the relationship of the child and a parent, resulting in the child's fear, negative perception, rejection, or hostility toward their other parent. This includes, but is not limited to, communicating disparaging remarks to a child about their other parent, using tactics to manipulate or coerce a child, and unjustified interference with parenting time. "Parental alienation" shall not include protective actions taken in good faith based on reasonable belief of abuse or neglect under RSA 169-C.

2 Parental Rights and Responsibilities; Judicial Enforcement of Parenting Plan; Family Access Motion. Amend RSA 461-A:4-a, I to read as follows:

I. In the event of parental alienation or substantial and material noncompliance with a court approved parenting plan under this chapter, relative to denying or interfering with parenting time without good cause, the aggrieved parent may file a family access motion for enforcement of the parenting plan. The motion shall state the specific facts which constitute a violation of parenting time from the parenting plan.

3 Parental Rights and Responsibilities; Judicial Enforcement of Parenting Plan; Family Access Motion. Amend the introductory paragraph of RSA 461-A:4-a, IV to read as follows:

IV. Upon a finding by the court pursuant to a motion for a family access order , a motion alleging parental alienation, or a motion for contempt that its order for parenting time has been substantially and materially violated, without good cause, the court shall order a remedy, which may include, but not be limited to:

4 Parental Rights and Responsibilities; Decision-making Responsibility. Amend RSA 461-A:5, III to read as follows:

III. Where the court finds that abuse as defined in RSA 173-B:1, I , or parental alienation as defined inRSA 461-A:1, IV-a, has occurred, the court shall consider such as harmful to children and as evidence in determining whether joint decision-making responsibility is appropriate. In such cases, the court shall make orders for the allocation of parental rights and responsibilities that best protect the children or the abused spouse or both. If joint decision-making responsibility is granted despite evidence of abuse or parental alienation , the court shall provide written findings to support the order.

5 Parental Rights and Responsibilities; Determination of Parental Rights and Responsibilities. Amend RSA 461-A:6, I(j)-(m) to read as follows:

(j) Any evidence of parental alienation, as defined inRSA 461-A:1, and the impact of parental alienation on the child and on the relationship between the child and the parents.

(k) Any evidence of abuse, as defined in RSA 173-B:1, I or RSA 169-C:3, II, and the impact of the abuse on the child and on the relationship between the child and the abusing parent.

(l) If a parent is incarcerated, the reason for and the length of the incarceration, and any unique issues that arise as a result of incarceration.

(m) The policy of the state regarding the determination of parental rights and responsibilities described in RSA 461-A:2.

(n) Any other additional factors the court deems relevant.

6 Parental Rights and Responsibilities; Modification. Amend RSA 461-A:11, I(b) to read as follows:

(b) If the court finds by a preponderance of the evidence that parental alienation has occurred or repeated, intentional, and unwarranted interference by a parent with the residential responsibilities of the other parent, the court may order a change in the parental rights and responsibilities upon a showing harm to the child, if the court determines that such change would be in accordance with the best interests of the child.

7 Parental Rights and Responsibilities; Grandparents' Visitation Rights. Amend RSA 461-A:13, II(b) to read as follows:

(b) Whether allegations of parental alienation exist or if such visitation would interfere with any parent-child relationship or with a parent's authority over the child.

8 Parental Rights and Responsibilities; Attorneys' Fees in Contempt Cases. Amend RSA 461-A:15 to read as follows:

461-A:15 Attorneys' Fees in Contempt Cases. In any proceeding under this chapter in which a party alleges, and the court finds, that the other party has failed without just cause to obey a prior order, including cases of parental alienation, the court shall award reasonable costs and attorneys' fees to the prevailing party.

9 Guardianship of Minors and Estates of Minors; Statement of Purpose. Amend RSA 463:1 to read as follows:

463:1 Statement of Purpose.

I. It is the purpose of this chapter to secure for a minor an environment of stability and security by providing for the appointment of a guardian of the person when such appointment is in the best interests of the minor; and to provide for the appointment of a guardian of the estate for the proper management of the property and financial affairs of the minor.

II. This chapter is designed to provide procedural and substantive safeguards for the rights of parents and their minor children. Implicit in this chapter shall be the recognition that the interests of a minor are generally best promoted in the minor's own home unless the best interests of the minor require substitution or supplementation of parental care and supervision.

III. For purposes of determining the best interest of the child under this chapter, the court shall consider the factors set forth in RSA 461-A:6.

10 Child Protection Act; Purpose. Amend RSA 169-C:2, I to read as follows:

I.(a) It is the primary purpose of this chapter, through the mandatory reporting of suspected instances of child abuse or neglect, to provide protection to children whose life, health or welfare is endangered. The best interest of the child shall be the primary consideration of the court in all proceedings under this chapter.

(b) For purposes of determining the best interest of the child under this chapter, the court shall consider the factors set forth in RSA 461-A:6.

11 Termination of Parental Rights; Purpose. Amend RSA 170-C:1 to read as follows:

170-C:1 Purpose.

I.(a) The purpose of this chapter is to provide for the involuntary termination of the parent-child relationship by a judicial process which will safeguard the rights and interests of all parties concerned and when it is in the best interest of the child.

(b) For purposes of determining the best interest of the child under this chapter, the court shall consider the factors set forth in RSA 461-A:6.

II. Implicit in this chapter is the philosophy that whenever possible family life should be strengthened and preserved, and that the parent-child relationship is to be terminated only when the adoption of that child may be contemplated.

12 Effective Date. This act shall take effect 30 days after its passage.