Section 169-C:12-f - Rebuttable Presumption of Harm There shall be a rebuttable presumption that a child's health has suffered or is likely to suffer serious impairment by exposure to any of the following conduct:
I. Evidence of a parent's, guardian's, or custodian's substance misuse that is adversely affecting a child's care or supervision, when that parent, guardian, or custodian is not actively engaged in treatment;II. Evidence of a parent's, guardian's, or custodian's impaired driving or operating of a motor vehicle while a child is in the vehicle; orIII. Evidence of a parent's, guardian's, or custodian's exposure of a child to: (a) Physical violence directed at a sibling, the other parent, or another person living in the home; or(b) Psychological maltreatment directed at the child, a sibling, the other parent, or another person living in the home.IV. The rebuttable presumption of harm established in paragraph III shall not apply to victims of domestic violence who are subject to an abuse or neglect petition filed pursuant to this chapter as a result of an incident or incidents in which that parent, guardian, or caregiver was the victim.Amended by 2024, 88:10, eff. 6/30/2024.Repealed by 2020 , 26: 56, eff. 7/1/2024 (later repealed by 2024 amendment).Added by 2020 , 26: 54, eff. 1/1/2021. 2020, 26 : 54 , eff. July 20, 2020, Jan. 1, 2021.