Section 169-C:19-e - [Effective 1/1/2025] Custody Hearing for Parent Not Charged With Abuse or NeglectI. There shall be a rebuttable presumption that a parent who has not been charged with abuse or neglect is fit to perform his or her parental duties. This presumption may be challenged by the state with a full hearing in the circuit court regarding such parent's ability to obtain custody. At the hearing, the parent shall be provided the opportunity to present evidence pertaining to his or her ability to provide care for the child and shall be awarded custody unless the state demonstrates, by a preponderance of the evidence, that he or she is unfit to perform his or her parental duties. The court shall make written findings of fact supporting its decision. I-a. The welfare of the child is the primary factor to be weighed when determining if a parent is fit to parent that child. In determining whether a parent is fit to perform his or her parental duties, the court may consider the following factors, in addition to any other relevant evidence presented:(a) The unique physical, mental, emotional, educational, developmental as defined in RSA 171-A:2, and medical needs of the child and whether or not the parent is adequately prepared to address those needs;(b) The parent's existing and historical relationship with that child;(c) The parent's untreated mental health or substance use issues;(d) The parent's provision of care to other children in their household, including addressing education needs, medical care, and mental and behavioral health care;(e) The condition of the parent's home;(f) Any prior allegations of child abuse or neglect; and(g) The results of the department's evidence-based safety assessment of that parent, their home, and any other adults in the home. A parent's cooperation with the department's assessment, or their effort to provide any records necessary to such a determination, shall be weighed as a factor in favor of the fitness of that parent. The fact that a parent owns a firearm shall not make a home unsafe per se, nor be weighed against the parent, provided they are compliant with federal and state law, including but not limited to RSA 650-C:1.II. The department shall notify a parent who has not been charged with abuse or neglect of his or her right to request a hearing under this section at the earliest available opportunity.Amended by 2024, 377:3, eff. 1/1/2025. 2001, 229 : 1 . 2007, 173 : 1 , eff. Jan. 1, 2008.
This section is set out more than once due to postponed, multiple, or conflicting amendments.