Bill Text: NH HB263 | 2019 | Regular Session | Amended

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Bill Title: Relative to department of health and human services family reunification practices involving convicted sex offenders.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2019-12-03 - Committee Report: Referred to Interim Study [HB263 Detail]

Download: New_Hampshire-2019-HB263-Amended.html

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HB 263 - AS AMENDED BY THE HOUSE

 

19Mar2019... 1029h

2019 SESSION

19-0417

05/04

 

HOUSE BILL 263

 

AN ACT relative to department of health and human services family reunification practices involving convicted sex offenders.

 

SPONSORS: Rep. Morrison, Rock. 9; Rep. Wallace, Rock. 33; Rep. True, Rock. 4; Rep. Altschiller, Rock. 19; Rep. Doucette, Rock. 8; Rep. Murphy, Hills. 21; Rep. Chase, Straf. 18; Rep. Guthrie, Rock. 13; Rep. Ford, Graf. 3; Sen. Carson, Dist 14

 

COMMITTEE: Children and Family Law

 

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AMENDED ANALYSIS

 

This bill prohibits the court in an abuse and neglect proceeding from ordering family reunification or placement with a parent or guardian who is a tier III sex offender, convicted of a sexual offense against a child.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19Mar2019... 1029h 19-0417

05/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to department of health and human services family reunification practices involving convicted sex offenders.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Child Protection Act; Reunification Prohibited.  Amend RSA 169-C:23 to read as follows:

169-C:23  Standard for Return of Child in Placement.  

I.  In the absence of a guardianship of the person of the minor, governed by the terms of RSA 463, before a child in out-of-home placement is returned to the custody of his or her [parents, the parent or parents] parent, the parent shall demonstrate to the court that:

[I.  They are] (a)  He or she is in compliance with the outstanding dispositional court order;

[II.] (b)  The child will not be endangered in the manner adjudicated on the initial petition, if returned home;

[III.] (c)  Return of custody is in the best interests of the child.  Upon showing the ability to provide proper parental care, it shall be presumed that a return of custody is in the child's best interests.

II.  In no case shall the court order family reunification or placement with a parent or guardian who is a tier III offender, convicted of a sexual offense against a child as defined in RSA 651-B:1.  Nor shall the permanency plan for a child in placement involve family reunification or placement with a parent or guardian who is a tier III offender, convicted of a sexual offense against a child as defined in RSA 651-B:1. Nothing in this paragraph shall be construed as conferring any rights on a parent or guardian who is a tier I or tier II offender, convicted of a sexual offense against a child as defined in RSA 651-B:1.

2  Effective Date.  This act shall take effect 60 days after its passage.