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create and receipt does not constitute a lawyer-client relationship between BS Kids LLC , the author of the information and
any other legal publisher. Customers of BS Kids should not act upon this information without seeking professional counsel.
The opinions expressed in the material presented to BS Kids clientele is based on information found in legal publications. BS
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2007/2008 BILLS OF INTEREST
HB 47, exempting inheritances from marital assets for purposes of divorce settlements. MAJORITY:
INEXPEDIENT TO LEGISLATE. MINORITY: OUGHT TO PASS.
Rep. Elizabeth D Blanchard for the Majority of Children and Family Law: This bill sought to exempt property
from a divorce acquired by one spouse during a marriage by gift or bequest. We discovered the current
statutes are adequate. It was the opinion of the committee that HB 47 would create more problems than it
would solve. Vote 14-3.
Rep. Anthony P Matarazzo for the Minority of Children and Family Law: This bill proposed to relieve some of
the pain in divorce by taking inheritance of property, tangible and intangible, off the judge’s table. Divorce is
expensive and painful. Parents have worked hard to save and acquire property and no one should interfere
with their right to private property. Its time to join with other states and take the family farm, as a matter of
law, out of the property settlement arena.
HB1280 Repealing divorce based on irreconcilable differences and replacing it with divorce based on
mutual consent. Prime Sponsor: Nancy J. Elliot.
HB1148 Relative to the enforcement of child visitation orders. Prime Sponsor: Peter E. Solomon
CACR23 relating to parental rights. Providing that the state shall not abridge the rights of parents to
oversee the welfare and education of their children. Prime Sponsor: Daniel C. Itse
HB1498 relative to notification of a parent or guardian by medical professionals when treating a minor.
Prime Sponsor: Maureen C Mooney.
HB1188 Relative to grounds for modification of parental rights and responsibilities. Prime Sponsor: Karen
McRae
HB1189 Relative to joint parenting time for parents. Prime Sponsor: Karen McRae
HB1190 Establishing a committee to study issues related to child support. Prime Sponsor: Karen Mc Rae
HB1217 Relative to violations of conditional release by delinquent children. Prime Sponsor: Daniel C. Itse
HB1613 making changes to certain statutes relating to crimes against children. Prime Sponsor: Stephen J
Shurtleff
HB1361 requiring the continuation of the appointment of marital master by election within the judicial
district. Prime Sponsor: Frank R Emiro
HB1477 relative to access to cell phone records for child support enforcement. Prime Sponsor: Edward P
Moran
SB 392 relative to recovery of child support payments. (Prime) Kathleen G Sgambati
SB 401 relative to recommendations of marital masters
(Prime) Joseph A Foster
SB445 relative to initial appointment of marital masters
(Prime) Joseph A Foster
HB 47, exempting inheritances from marital assets for purposes of divorce settlements. MAJORITY:
INEXPEDIENT TO LEGISLATE. MINORITY: OUGHT TO PASS.
Rep. Elizabeth D Blanchard for the Majority of Children and Family Law: This bill sought to exempt property
from a divorce acquired by one spouse during a marriage by gift or bequest. We discovered the current
statutes are adequate. It was the opinion of the committee that HB 47 would create more problems than it
would solve. Vote 14-3.
Rep. Anthony P Matarazzo for the Minority of Children and Family Law: This bill proposed to relieve some of
the pain in divorce by taking inheritance of property, tangible and intangible, off the judge’s table. Divorce is
expensive and painful. Parents have worked hard to save and acquire property and no one should interfere
with their right to private property. Its time to join with other states and take the family farm, as a matter of
law, out of the property settlement arena.
HB1280 Repealing divorce based on irreconcilable differences and replacing it with divorce based on
mutual consent. Prime Sponsor: Nancy J. Elliot.
HB1148 Relative to the enforcement of child visitation orders. Prime Sponsor: Peter E. Solomon
CACR23 relating to parental rights. Providing that the state shall not abridge the rights of parents to
oversee the welfare and education of their children. Prime Sponsor: Daniel C. Itse
HB1498 relative to notification of a parent or guardian by medical professionals when treating a minor.
Prime Sponsor: Maureen C Mooney.
HB1188 Relative to grounds for modification of parental rights and responsibilities. Prime Sponsor: Karen
McRae
HB1189 Relative to joint parenting time for parents. Prime Sponsor: Karen McRae
HB1190 Establishing a committee to study issues related to child support. Prime Sponsor: Karen Mc Rae
HB1217 Relative to violations of conditional release by delinquent children. Prime Sponsor: Daniel C. Itse
HB1613 making changes to certain statutes relating to crimes against children. Prime Sponsor: Stephen J
Shurtleff
HB1361 requiring the continuation of the appointment of marital master by election within the judicial
district. Prime Sponsor: Frank R Emiro
HB1477 relative to access to cell phone records for child support enforcement. Prime Sponsor: Edward P
Moran
SB 392 relative to recovery of child support payments. (Prime) Kathleen G Sgambati
SB 401 relative to recommendations of marital masters
(Prime) Joseph A Foster
SB445 relative to initial appointment of marital masters
(Prime) Joseph A Foster
'2007'/'2008' CURRENT CALENDER & Bills of Interest
WEDNESDAY, MARCH 5
CONSENT CALENDAR
CHILDREN AND FAMILY LAW
HB 1148, relative to the enforcement of parenting plans. INEXPEDIENT TO LEGISLATE.
Rep. Barbara Hull Richardson for Children and Family Law: The court currently has the authority to enforce
parenting plans. This bill was found to limit the authority and effectiveness of the court and was therefore
declared inexpedient to legislate. Vote 18-0.
HB 1188, relative to grounds for modification of parental rights and responsibilities. REFER FOR INTERIM
STUDY.
Rep. Mary E Walz for Children and Family Law: This bill attempted to address modifications of parental
rights and responsibilities when a divorce occurred before the major changes enacted in 2005. All but the
most contentious are resolved by the parents outside of the courts. As a matter of practicality, this bill was
designed to address a small number of high conflict cases. The committee wants more input from the family
courts as to the criteria being used to modify old custody orders. Vote 13-0.
HB 1189, relative to the development and enforcement of the parenting plan. INEXPEDIENT TO LEGISLATE.
Rep. Carolyn M Gargasz for Children and Family Law: The committee had several concerns with this bill that
establishes special procedures in high conflict divorce cases where there are minor children. The bill may
include evaluation by a psychologist as to which parent is causing the acrimony. Concerns about the
psychologist 1.) Who is a “qualified” psychologist? 2.) Who would pay the cost in indigent cases? 3.)
Psychologists tend not to identify who is the acrimonious parent. The committee also felt the best interest of
the child would not be the prime concern if the time with the acrimonious parent was limited or reduced. The
committee felt a better solution in high conflict cases is the appointment of a parenting coordinator which is
currently happening in the courts. Vote 17-1.
HB 1190, establishing a commission to study issues related to child support. INEXPEDIENT TO LEGISLATE.
Rep. Elizabeth D Blanchard for Children and Family Law: The department of health and human services is in
the process of hiring an economist pursuant to RSA 458-C:6, which requires review of child support
guidelines every four years. The economist will conduct the review and submit the report before December
1, 2008 in compliance with the state statute. Failure to establish the commission will not impact the state’s
compliance with federal law. Therefore, HB 1190 is not necessary. Vote 14-1.
HB 1213, establishing a commission to study the juvenile justice system. INEXPEDIENT TO LEGISLATE.
Rep. Daniel C Itse for Children and Family Law: The House has already passed HB 159 establishing an
Interbranch Criminal and Juvenile Justice Council making this bill unnecessary. Vote 18-0.
HB 1239, relative to the legislative youth advisory council. OUGHT TO PASS WITH AMENDMENT.
Rep. Carolyn M Gargasz for Children and Family Law: This bill clarifies certain procedures of the Legislative
Youth Advisory Council. It provides that the council’s records will be kept in the House Clerk’s Office. The
amendment adds a duty that the council will communicate with other youth councils. Vote 15-0.
Amendment to HB 1239
Proposed by the Committee on Children and Family Law - C
Amend the bill by replacing section 1 with the following:
1 Duties of the Legislative Youth Advisory Council; Public Forums and Annual Report. Amend RSA 19-
K:3, IV and V to read as follows:
IV. Meet no fewer than 4 times per year and conduct 2 public [hearings] forums per year on issues of
importance to youth.
V. Communicate with other youth councils.
VI. File an annual report of its activities, including any recommendations for proposed legislation, on
or before November 1 of each year with the speaker of the house, the senate president, the governor, the
secretary of state, the house clerk, and the state library.
HB 1280, repealing divorce based on irreconcilable differences and replacing it with divorce based on mutual
consent. INEXPEDIENT TO LEGISLATE.
Rep. Daniel C Itse for Children and Family Law: The committee agrees that the concept of no fault divorce or
irreconcilable differences has had negative unintended consequences. However, it was further agreed that
eliminating no fault divorce would also have negative unintended consequences. Therefore, we recommend
HB 1280 as inexpedient to legislate, but that the issue be addressed in the future. Vote 15-0.
HB 1289, relative to court-ordered placements for a child in need of services. OUGHT TO PASS WITH
AMENDMENT.
Rep. Daniel C Itse for Children and Family Law: This bill complies with federal guidelines regarding not
putting juveniles into secure detention inappropriately. The amendment provides that failure to comply with
court orders under RSA 169:D (CHINS) need not result in dissolution of the family. This is an enormous step
forward in strengthening New Hampshire families. Vote 15-0.
Amendment to HB 1289
Proposed by the Committee on Children and Family Law - C
Amend the title of the bill by replacing it with the following:
AN ACT relative to court-ordered placements for a child in need of services and relative to permanency
hearings in juvenile cases.
Amend the bill by replacing all after section 1 with the following:
2 Children in Need of Services; Permanency Hearings. Amend the introductory paragraph of RSA 169-
D:21-a, II to read as follows:
II. At a permanency hearing the court shall consider whether the parent or parents and child have
met the responsibilities pursuant to the dispositional orders issued by the court. If compliance with the
dispositional orders pursuant to RSA 169-D:17 is not met, the court [shall] may adopt a permanency plan
other than reunification for the child. Other options for a permanency plan include:
3 Delinquency Hearing; Permanency Hearings. Amend the introductory paragraph of RSA 169-B:31-a, II
to read as follows:
II. At a permanency hearing the court shall consider whether the parent or parents and the minor
have met the responsibilities pursuant to the dispositional orders issued by the court. If compliance with the
dispositional orders pursuant to RSA 169-B:19 is not met, the court [shall] may adopt a permanency plan
other than reunification for the minor. Other options for a permanency plan include:
4 Effective Date. This act shall take effect 60 days after its passage.
AMENDED ANALYSIS
This bill:
I. Provides that children in need of services who are found in contempt of court may be placed in home
detention or in a shelter care facility. The bill removes the option in current law for placement at the youth
development center in such cases.
II. Provides that if the parent or parent and minor have not complied with the dispositional order in a
delinquency case or child in need of services case, the court may adopt a permanency plan other than
reunification for the minor.
This bill is a request of the department of health and human services.
HB 1290-L, establishing a committee to study insurance coverage and related issues for children required to
do community service. OUGHT TO PASS.
Rep. Jane B Johnson for Children and Family Law: This bill addresses two concerns that the committee
deemed important. First, many community or non-profit agencies are hesitant to participate in the N.H.
Diversion Program due to the liability issue. Secondly, the N.H. Diversion Program statutes were enacted in
the 1970’s and the committee felt a review was in order. Vote 15-0.
HB 1319, relative to the reasonable cost of medical support for dependent children. OUGHT TO PASS WITH
AMENDMENT.
Rep. Edward P Moran for Children and Family Law: This bill amends existing law as to the definition of
reasonable cost of a parent’s medical support obligation to an otherwise uninsured child. It changes “net”
income to “gross” as the basis for calculation because net calculations, in practice, become extremely
unwieldy to accurately calculate. The court has discretion to determine “reasonable” cost. This would be up
to 5% of gross income of each individual parent. The bill as amended also has the act take effect upon
passage instead of 60 days after passage. Vote 15-0.
Amendment to HB 1319
Proposed by the Committee on Children and Family Law - C
Amend the bill by replacing section 4 with the following:
4 Effective Date. This act shall take effect upon its passage.
HB 1321, relative to the inspection of juvenile detention facilities. OUGHT TO PASS WITH AMENDMENT.
Rep. Edward P Moran for Children and Family Law: This bill was requested by the department of health and
human services. The federal government requires juveniles being detained be held in appropriate, separate
facilities and that all facilities as well as detailed records be inspected periodically. The division of juvenile
justice was experiencing some sporadic resistance from some facilities to the inspections, and this bill was to
clarify the expectations and require access so that the department would be in compliance with Federal Law.
Vote 18-0.
Amendment to HB 1321
Proposed by the Committee on Children and Family Law - C
Amend RSA 169-B:15-a as inserted by section 1 of the bill by replacing it with the following:
169-B:15-a Inspection of Facilities; Lock-up Log[; Establishment and Contents]. Each facility used by law
enforcement, county sheriffs, or state police to securely detain minors [must] shall establish a lock-up log for
all minors securely detained. The log [must] shall contain the identification number, the charge, the date and
time locked in secure detention, the date and time released from secure detention, to whom released, and
reason for secure detention. The log shall be kept confidential both by the agency or facility which maintains
it and by the department of health and human services, which shall receive copies of the log, January 1 and
[June] July 1 of each year, beginning January 1, 1989. To ensure that the requirements of this chapter and
of 42 U.S.C. section 5633 are met, any secure or non-secure facility which detains minors shall provide, upon
request and in a timely manner, access to the facility for inspection purposes to the department of health and
human services jail compliance monitor, or the monitor’s designee. If the facility is required under this
section to maintain a log, access to the log shall also be provided.
HB 1323, relative to certification of out-of-state placements in juvenile proceedings. REFER FOR INTERIM
STUDY.
Rep. Edward P Moran for Children and Family Law: This bill deals with out of state residential treatment
facilities for adolescents with both mental health and substance abuse problems. Its intent is to move the
decision process entirely into the court’s jurisdiction, whereas, under current law the court may recommend a
placement, but there must be certification of the out of state facility by health and human services (HHS).
After consulting with the court and HHS, the committee felt there was an active collaboration in process to
develop New Hampshire based dual diagnosis residential resources and the committee will monitor progress,
thus the decision for interim study. Vote 15-0.
HB 1370, establishing a pilot program for an integrated juvenile justice information sharing system. OUGHT
TO PASS WITH AMENDMENT.
Rep. Edith A Hogan for Children and Family Law: The committee id very impressed with what Belknap
County has done in instituting restorative justice in the juvenile system. The committee is in full support of
this pilot program to study its effect on recitivism. Vote 15-0.
Amendment to HB 1370
Proposed by the Committee on Children and Family Law - C
Amend subparagraph I(b) as inserted by section 1 of the bill by replacing it with the following:
(b) Improve program effectiveness in serving juvenile offenders by enabling the programs to
identify which strategies worked in the prevention of recidivism and by allowing a program to see if a juvenile
who received services from, or otherwise participated in, the program re-appears in the system in the future.
Amend subparagraph II(a) as inserted by section 1 of the bill by replacing it with the following:
(a) The name, date of birth, gender, race, family composition, town of residence, and school
district of the juvenile.
Amend the bill by replacing all after section 2 with the following:
3 Reports. The report filed on December 1, 2010, and any subsequent public reports shall not include
identifying data, including name, gender, race connected with town of residence, and school district.
4 Effective Date. This act shall take effect 60 days after its passage.
HB 1386, relative to a grandparent's rights to access court and case records involving a grandchild. OUGHT
TO PASS WITH AMENDMENT.
Rep. Anne C Grassie for Children and Family Law: This legislation provides grandparents access to court
and case records involving grandchild/grandchildren within proceedings concerning delinquent children, child
abuse and neglect, children in need of services, and department case records. The court can grant access
upon the grandparent’s request and notice to all parties. Vote 15-0.
Amendment to HB 1386
Proposed by the Committee on Children and Family Law - C
Amend the bill by replacing all after the enacting clause with the following:
1 Delinquent Children. Amend RSA 169-B:35, II to read as follows:
II.(a) Court records of proceedings under this chapter, except for those court records under RSA
169‑B:36, II, shall be kept in books and files separate from all other court records. Such records shall be
withheld from public inspection but shall be open to inspection by officers of the institution where the minor is
committed, juvenile probation and parole officers, a parent, a grandparent pursuant to subparagraph (b), a
guardian, a custodian, the minor’s attorney, the relevant county, and others entrusted with the corrective
treatment of the minor. Additional access to court records may be granted by court order or upon the written
consent of the minor. Once a delinquent reaches 21 years of age, all court records and individual
institutional records, including police records, shall be closed and placed in an inactive file.
(b) A grandparent seeking access to court records under subparagraph (a) shall file a request for
access with the court clerk supported by an affidavit signed by the grandparent stating the reasons for
requesting access and shall give notice of such request to all parties to the case and the minor’s parents.
Any party to the case or parent may object to the grandparent’s request within 10 days of the filing of the
request. If no objection is made, the grandparent’s request shall be automatically granted by the court. If an
objection is made, access may be granted only by court order.
2 Child Abuse and Neglect. Amend RSA 169-C:25, I to read as follows:
I.(a) The court records of proceedings under this chapter shall be kept in books and files separate
from all other court records. Such records shall be withheld from public inspection but shall be open to
inspection by the parties, child, parent, grandparent pursuant to subparagraph (b), guardian, custodian,
attorney, or other authorized representative of the child.
(b) A grandparent seeking access to court records under subparagraph (a) shall file a request for
access with the court clerk supported by an affidavit signed by the grandparent stating the reasons for
requesting access and shall give notice of such request to all parties to the case and the minor’s parents.
Any party to the case or parent may object to the grandparent’s request within 10 days of the filing of the
request. If no objection is made, the grandparent’s request shall be automatically granted by the court. If an
objection is made, access may be granted only by court order.
3 Children in Need of Services. Amend RSA 169-D:25, II to read as follows:
II.(a) The court records of proceedings under this chapter shall be kept in books and files separate
from all other court records. Such records shall be withheld from public inspection but shall be open to
inspection by juvenile probation and parole officers, a parent, a grandparent pursuant to subparagraph (b),
a guardian, a custodian, the relevant county, the minor’s attorney, and others entrusted with the supervision
of the child. Additional access to court records may be granted by court order or upon the written consent of
the minor. Once a child in need of services reaches 18 years of age, all court and police records shall be
destroyed.
(b) A grandparent seeking access to court records under subparagraph (a) shall file a request for
access with the court clerk supported by an affidavit signed by the grandparent stating the reasons for
requesting access and shall give notice of such request to all parties to the case and the minor’s parents.
Any party to the case or parent may object to the grandparent’s request within 10 days of the filing of the
request. If no objection is made, the grandparent’s request shall be automatically granted by the court. If an
objection is made, access may be granted only by court order.
4 Department Case Records; Confidentiality; Access by Grandparents. Amend RSA 170-G:8-a, II(a)(2)
to read as follows:
(2) The parent of the child named in the case record, as defined in RSA 169-C:3, XXI, or the
grandparent of the child named in the case record. A grandparent seeking access to court records under
this subparagraph shall file a request for access with the court clerk supported by an affidavit signed by the
grandparent stating the reasons for requesting access and shall give notice of such request to all parties to
the case and the minor’s parents. Any party to the case or parent may object to the grandparent’s request
within 10 days of the filing of the request. If no objection is made, the grandparent’s request shall be
automatically granted by the court. If an objection is made, access may be granted only by court order.
5 Effective Date. This act shall take effect January 1, 2009.
HB 1388, requiring the department of health and human services to gather statistical information relative to
medications prescribed to children in court-ordered placements and establishing a commission to study the
issue. OUGHT TO PASS WITH AMENDMENT.
Rep. Barbara Hull Richardson for Children and Family Law: This commission will study the extent to which
medications are prescribed to children in out-of-home placements, the circumstances under which
medications are prescribed, and other relevant issues. The commission’s final report will reflect the
recommendations and improvements necessary to ensure that best practices are being followed relative to
the prescription, administration and use of medications. Vote 16-0.
Amendment to HB 1388
Proposed by the Committee on Children and Family Law - C
Amend the title of the bill by replacing it with the following:
AN ACT establishing a commission to study practices relative to medications prescribed to children in out-
of-home placements.
Amend the bill by replacing all after the enacting clause with the following:
1 Commission Established.
I. There is established a commission to study practices relative to medications prescribed to children
in out-of-home placements, including foster and residential placements made pursuant to RSA 169-B, RSA
169-C, and RSA 169-D, and placements at New Hampshire hospital, the youth development center, the
youth detention services unit, and the Tobey School. For purposes of the study, “medications” shall mean
psychopharmacological agents, including but not limited to psychotropic medication and anti-convulsant
medications.
II.(a) The members of the commission shall be as follows:
(1) Three members of the house of representatives, appointed by the speaker of the house
of representatives.
(2) One member of the senate, appointed by the president of the senate.
(3) The commissioner of the department of health and human services, or designee, and one
other representative from the department, appointed by the commissioner.
(4) A licensed foster care provider, nominated by the commissioner of the department of
health and human services and appointed by the governor.
(5) A member of New Hampshire Partners in Service, nominated by the organization and
appointed by the governor.
(6) A primary care physician, who is a member of the New Hampshire Pediatric Society, with
relevant experience treating juveniles and young adults, appointed by the governor.
(7) A member of the New Hampshire Psychiatric Society with a specialty in child psychiatry,
nominated by the society, and appointed by the governor.
(8) A member of the New Hampshire Psychological Association with relevant experience in
child psychology and treating children in out-of-home placements, nominated by the association, and
appointed by the governor.
(9) A representative from the Court Appointed Special Advocates (CASA) of New Hampshire ,
nominated by the executive director, and appointed by the governor.
(10) A representative from the National Alliance on Mental Illness (NAMI) New Hampshire ,
nominated by the association, and appointed by the governor.
(11) A representative from the Disabilities Rights Center , nominated by the center, and
appointed by the governor.
(b) Legislative members of the commission shall receive mileage at the legislative rate when
attending to the duties of the commission.
III. The commission shall:
(a) Study the extent to which medications are prescribed to children in out-of-home placements.
(b) Study the circumstances under which medications are prescribed, the type of medications
prescribed, the purposes for which they are prescribed, the number and doses of medications per child, and
the procedures used by residential care providers to monitor and administer the medications.
(c) Identify the causes or contributing factors of any issues or concerns identified by the
commission.
(d) Solicit information and testimony from such agencies, organizations, and individuals as may
assist the commission in the performance of its duties.
IV. The members of the commission shall elect a chairperson from among the members. The first
meeting of the commission shall be called by the first-named house member. The first meeting of the
commission shall be held within 45 days of the effective date of this section. Seven members of the
commission shall constitute a quorum.
V. The commission shall file an interim report of its findings and any recommendations for proposed
legislation with the speaker of the house of representatives, the president of the senate, the house clerk, the
senate clerk, the governor, and the state library on or before November 1, 2008. The commission shall file a
final report of its findings and recommendations on or before November 1, 2009. The final report shall
include, but not be limited to, the commissions findings and recommendations regarding III(a)-(d) and
whether improvements are needed in the provider or department system of performance or medication
monitoring or quality assurance to ensure that best practices are being followed relative to the prescription,
administration, and use of medications.
2 Effective Date. This act shall take effect upon its passage.
AMENDED ANALYSIS
This bill establishes a commission to study psychopharmacological agents prescribed to children in out-of-
home placements.
HB 1490, adopting the uniform child custody jurisdiction and enforcement act. REFER FOR INTERIM STUDY.
Rep. Edward P Moran for Children and Family Law: The UCCJEA is a uniform state law that was approved
in 1997 by the National Conference of Commissioner on Uniform State Laws (NCCUSL) to replace its 1968
uniform child custody jurisdiction act (UCCJA), which this state adopted. The proposed law is voluminous
and complex. The committee sought commentary from the courts, practitioners and health and human
services (HHS) and given the time constraints, all felt further review was prudent. This view was endorsed by
the sponsor. Vote 15-1.
WEDNESDAY, MARCH 5
REGULAR CALENDAR
CHILDREN AND FAMILY LAW
SPECIAL ORDER
CACR 23, relating to parental rights. Providing that the State shall not abridge the right of parents to control
the welfare and education of their children. MAJORITY: INEXPEDIENT TO LEGISLATE. MINORITY: OUGHT
TO PASS.
Rep. Mary Stuart Gile for the Majority of Children and Family Law: This amendment presents a classic case
of good intentions with unintended consequences. The committee heard similar testimony from the Attorney
General’s office and a variety of children’s advocates. This amendment would make the parents’
determinations supreme in all matters relating to children. This would mean that all laws that protect children
and all laws that weigh what is in the best interests of children will, at a minimum, be un-amendable and most
likely be unenforceable. Furthermore it would create conflicting constitutional interests when there is a
disagreement between parents, be they married or not. As the Attorney General’s representative stated, this
would take us to a place we have never been. Vote 12-4.
Rep. Daniel C Itse for the Minority of Children and Family Law: The minority of the committee believes that
the balance of parental rights implicit in Part 1, Article 2 of the Constitution of the State of New Hampshire
and the duty of the state to protect children has been skewed in the favor of the state. The people testifying
in the public hearing have expressed a definite will to have this issue put before them. Therefore, the rights
of the people would be best served by improving the language of the amendment and moving it to Article 2.
Floor Amendment to CACR 23
Proposed by Rep. Itse
Amend the title of the resolution by replacing it with the following:
RELATING TO: parental rights.
PROVIDING THAT: parents have a natural right to control the welfare and education of their children and
the state shall not abridge such right.
Amend the resolution by replacing all after the resolving clause with the following:
I. That the first part of the constitution be amended by inserting after article 2-a the following new
article:
[Art.] 2-b. [Parental Rights.] Parents have the natural right to control the welfare and education of their
children; therefore, the State shall not abridge the role or responsibility of parents in such matters.
II. That the above amendment proposed to the constitution be submitted to the qualified voters of the
state at the state general election to be held in November, 2008.
III. That the selectmen of all towns, cities, wards and places in the state are directed to insert in their
warrants for the said 2008 election an article to the following effect: To decide whether the amendments of
the constitution proposed by the 2008 session of the general court shall be approved.
IV. That the wording of the question put to the qualified voters shall be:
“Are you in favor of amending the first part of the constitution by inserting after article 2-a a new article to
read as follows:
[Art.] 2-b. [Parental Rights.] Parents have the natural right to control the welfare and education of their
children; therefore, the State shall not abridge the role or responsibility of parents in such matters.”
V. That the secretary of state shall print the question to be submitted on a separate ballot or on the
same ballot with other constitutional questions. The ballot containing the question shall include 2 squares
next to the question allowing the voter to vote “Yes” or “No.” If no cross is made in either of the squares, the
ballot shall not be counted on the question. The outside of the ballot shall be the same as the regular official
ballot except that the words “Questions Relating to Constitutional Amendments proposed by the 2008
General Court ” shall be printed in bold type at the top of the ballot.
VI. That if the proposed amendment is approved by 2/3 of those voting on the amendment, it
becomes effective when the governor proclaims its adoption.
AMENDED ANALYSIS
This constitutional amendment concurrent resolution prohibits the state from abridging the natural right of
parents to control the welfare and education of their children.
WEDNESDAY, MARCH 12
REGULAR CALENDAR
CHILDREN AND FAMILY LAW
HB 1184, relative to religious practices of children placed outside the home pursuant to RSA 169-C.
MAJORITY: INEXPEDIENT TO LEGISLATE. MINORITY: REFER FOR INTERIM STUDY.
Rep. Elizabeth D Blanchard for the Majority of Children and Family Law: This bill provides that if a child is
placed outside the home in an abuse or neglect preceding, the court shall arrange for the child to continue
the child’s religious practices or that of the child’s family. The majority of the committee decided that this bill is
not necessary based on testimony which indicated that group homes and foster families currently
accommodate a child’s religion. Also, the members of the committee who toured YDC observed that the
spiritual needs of the juvenile residents are provided. Vote 14-4.
Rep. Anthony P Matarazzo for the Minority of Children and Family Law: While there is in place an
opportunity to have access to a place of worship or pursuit of religious practice, many group homes for
juveniles do nothing to encourage it. These children are hungry for the sense of stability and belonging that
faith can provide. Therefore the minority agrees that the group homes shall post the availability of access
and do more to encourage participation in the child’s faith of choice.
HB 1217, relative to violations of conditional release by delinquent children. REFER FOR INTERIM STUDY.
Rep. Daniel C Itse for Children and Family Law: The committee recognized that clarification of the court’s
authority may be needed, but was concerned that it was introduced to address one case. There were further
concerns as to whether or not current law provides sufficient due process. Therefore, the committee intends
to study the issue further. Vote 12-4.
HB 1291, requiring persons under 18 years of age to wear ski helmets. INEXPEDIENT TO LEGISLATE.
Rep. Ruth Ginsburg for Children and Family Law: Committee research demonstrated that there is already a
growing movement by various juvenile skiing groups to encourage the use of helmets. The committee
decided that a positive approach using various incentives would be more beneficial. Vote 15-3.
HB 1477, relative to cellular phone and satellite television records for child support enforcement.
MAJORITY: OUGHT TO PASS. MINORITY: REFER FOR INTERIM STUDY.
Rep. Edward P Moran for the Majority of Children and Family Law: This bill recognizes technological
changes in the arena of child support. It seeks to include cell phone and satellite customer name and
address records which were not included in existing law, while those subscribing to land lines and cable were
included. The minority had reservations about the administrative subpoena authorization in current law that
would be carried forward. The majority was unaware of any abuse connected with the authorization. At the
end of 2007, uncollected child support amounted to over $169,700,000 in New Hampshire . Vote 13-2.
Rep. Daniel C Itse for the Minority of Children and Family Law: The minority of the committee agrees with
majority that collection of the child support in arrears is an important issue. However, we were uncomfortable
with the administrative (Executive Department) subpoena of private records, rather than judicial
subpoena.
CONSENT CALENDAR
CHILDREN AND FAMILY LAW
HB 1148, relative to the enforcement of parenting plans. INEXPEDIENT TO LEGISLATE.
Rep. Barbara Hull Richardson for Children and Family Law: The court currently has the authority to enforce
parenting plans. This bill was found to limit the authority and effectiveness of the court and was therefore
declared inexpedient to legislate. Vote 18-0.
HB 1188, relative to grounds for modification of parental rights and responsibilities. REFER FOR INTERIM
STUDY.
Rep. Mary E Walz for Children and Family Law: This bill attempted to address modifications of parental
rights and responsibilities when a divorce occurred before the major changes enacted in 2005. All but the
most contentious are resolved by the parents outside of the courts. As a matter of practicality, this bill was
designed to address a small number of high conflict cases. The committee wants more input from the family
courts as to the criteria being used to modify old custody orders. Vote 13-0.
HB 1189, relative to the development and enforcement of the parenting plan. INEXPEDIENT TO LEGISLATE.
Rep. Carolyn M Gargasz for Children and Family Law: The committee had several concerns with this bill that
establishes special procedures in high conflict divorce cases where there are minor children. The bill may
include evaluation by a psychologist as to which parent is causing the acrimony. Concerns about the
psychologist 1.) Who is a “qualified” psychologist? 2.) Who would pay the cost in indigent cases? 3.)
Psychologists tend not to identify who is the acrimonious parent. The committee also felt the best interest of
the child would not be the prime concern if the time with the acrimonious parent was limited or reduced. The
committee felt a better solution in high conflict cases is the appointment of a parenting coordinator which is
currently happening in the courts. Vote 17-1.
HB 1190, establishing a commission to study issues related to child support. INEXPEDIENT TO LEGISLATE.
Rep. Elizabeth D Blanchard for Children and Family Law: The department of health and human services is in
the process of hiring an economist pursuant to RSA 458-C:6, which requires review of child support
guidelines every four years. The economist will conduct the review and submit the report before December
1, 2008 in compliance with the state statute. Failure to establish the commission will not impact the state’s
compliance with federal law. Therefore, HB 1190 is not necessary. Vote 14-1.
HB 1213, establishing a commission to study the juvenile justice system. INEXPEDIENT TO LEGISLATE.
Rep. Daniel C Itse for Children and Family Law: The House has already passed HB 159 establishing an
Interbranch Criminal and Juvenile Justice Council making this bill unnecessary. Vote 18-0.
HB 1239, relative to the legislative youth advisory council. OUGHT TO PASS WITH AMENDMENT.
Rep. Carolyn M Gargasz for Children and Family Law: This bill clarifies certain procedures of the Legislative
Youth Advisory Council. It provides that the council’s records will be kept in the House Clerk’s Office. The
amendment adds a duty that the council will communicate with other youth councils. Vote 15-0.
Amendment to HB 1239
Proposed by the Committee on Children and Family Law - C
Amend the bill by replacing section 1 with the following:
1 Duties of the Legislative Youth Advisory Council; Public Forums and Annual Report. Amend RSA 19-
K:3, IV and V to read as follows:
IV. Meet no fewer than 4 times per year and conduct 2 public [hearings] forums per year on issues of
importance to youth.
V. Communicate with other youth councils.
VI. File an annual report of its activities, including any recommendations for proposed legislation, on
or before November 1 of each year with the speaker of the house, the senate president, the governor, the
secretary of state, the house clerk, and the state library.
HB 1280, repealing divorce based on irreconcilable differences and replacing it with divorce based on mutual
consent. INEXPEDIENT TO LEGISLATE.
Rep. Daniel C Itse for Children and Family Law: The committee agrees that the concept of no fault divorce or
irreconcilable differences has had negative unintended consequences. However, it was further agreed that
eliminating no fault divorce would also have negative unintended consequences. Therefore, we recommend
HB 1280 as inexpedient to legislate, but that the issue be addressed in the future. Vote 15-0.
HB 1289, relative to court-ordered placements for a child in need of services. OUGHT TO PASS WITH
AMENDMENT.
Rep. Daniel C Itse for Children and Family Law: This bill complies with federal guidelines regarding not
putting juveniles into secure detention inappropriately. The amendment provides that failure to comply with
court orders under RSA 169:D (CHINS) need not result in dissolution of the family. This is an enormous step
forward in strengthening New Hampshire families. Vote 15-0.
Amendment to HB 1289
Proposed by the Committee on Children and Family Law - C
Amend the title of the bill by replacing it with the following:
AN ACT relative to court-ordered placements for a child in need of services and relative to permanency
hearings in juvenile cases.
Amend the bill by replacing all after section 1 with the following:
2 Children in Need of Services; Permanency Hearings. Amend the introductory paragraph of RSA 169-
D:21-a, II to read as follows:
II. At a permanency hearing the court shall consider whether the parent or parents and child have
met the responsibilities pursuant to the dispositional orders issued by the court. If compliance with the
dispositional orders pursuant to RSA 169-D:17 is not met, the court [shall] may adopt a permanency plan
other than reunification for the child. Other options for a permanency plan include:
3 Delinquency Hearing; Permanency Hearings. Amend the introductory paragraph of RSA 169-B:31-a, II
to read as follows:
II. At a permanency hearing the court shall consider whether the parent or parents and the minor
have met the responsibilities pursuant to the dispositional orders issued by the court. If compliance with the
dispositional orders pursuant to RSA 169-B:19 is not met, the court [shall] may adopt a permanency plan
other than reunification for the minor. Other options for a permanency plan include:
4 Effective Date. This act shall take effect 60 days after its passage.
AMENDED ANALYSIS
This bill:
I. Provides that children in need of services who are found in contempt of court may be placed in home
detention or in a shelter care facility. The bill removes the option in current law for placement at the youth
development center in such cases.
II. Provides that if the parent or parent and minor have not complied with the dispositional order in a
delinquency case or child in need of services case, the court may adopt a permanency plan other than
reunification for the minor.
This bill is a request of the department of health and human services.
HB 1290-L, establishing a committee to study insurance coverage and related issues for children required to
do community service. OUGHT TO PASS.
Rep. Jane B Johnson for Children and Family Law: This bill addresses two concerns that the committee
deemed important. First, many community or non-profit agencies are hesitant to participate in the N.H.
Diversion Program due to the liability issue. Secondly, the N.H. Diversion Program statutes were enacted in
the 1970’s and the committee felt a review was in order. Vote 15-0.
HB 1319, relative to the reasonable cost of medical support for dependent children. OUGHT TO PASS WITH
AMENDMENT.
Rep. Edward P Moran for Children and Family Law: This bill amends existing law as to the definition of
reasonable cost of a parent’s medical support obligation to an otherwise uninsured child. It changes “net”
income to “gross” as the basis for calculation because net calculations, in practice, become extremely
unwieldy to accurately calculate. The court has discretion to determine “reasonable” cost. This would be up
to 5% of gross income of each individual parent. The bill as amended also has the act take effect upon
passage instead of 60 days after passage. Vote 15-0.
Amendment to HB 1319
Proposed by the Committee on Children and Family Law - C
Amend the bill by replacing section 4 with the following:
4 Effective Date. This act shall take effect upon its passage.
HB 1321, relative to the inspection of juvenile detention facilities. OUGHT TO PASS WITH AMENDMENT.
Rep. Edward P Moran for Children and Family Law: This bill was requested by the department of health and
human services. The federal government requires juveniles being detained be held in appropriate, separate
facilities and that all facilities as well as detailed records be inspected periodically. The division of juvenile
justice was experiencing some sporadic resistance from some facilities to the inspections, and this bill was to
clarify the expectations and require access so that the department would be in compliance with Federal Law.
Vote 18-0.
Amendment to HB 1321
Proposed by the Committee on Children and Family Law - C
Amend RSA 169-B:15-a as inserted by section 1 of the bill by replacing it with the following:
169-B:15-a Inspection of Facilities; Lock-up Log[; Establishment and Contents]. Each facility used by law
enforcement, county sheriffs, or state police to securely detain minors [must] shall establish a lock-up log for
all minors securely detained. The log [must] shall contain the identification number, the charge, the date and
time locked in secure detention, the date and time released from secure detention, to whom released, and
reason for secure detention. The log shall be kept confidential both by the agency or facility which maintains
it and by the department of health and human services, which shall receive copies of the log, January 1 and
[June] July 1 of each year, beginning January 1, 1989. To ensure that the requirements of this chapter and
of 42 U.S.C. section 5633 are met, any secure or non-secure facility which detains minors shall provide, upon
request and in a timely manner, access to the facility for inspection purposes to the department of health and
human services jail compliance monitor, or the monitor’s designee. If the facility is required under this
section to maintain a log, access to the log shall also be provided.
HB 1323, relative to certification of out-of-state placements in juvenile proceedings. REFER FOR INTERIM
STUDY.
Rep. Edward P Moran for Children and Family Law: This bill deals with out of state residential treatment
facilities for adolescents with both mental health and substance abuse problems. Its intent is to move the
decision process entirely into the court’s jurisdiction, whereas, under current law the court may recommend a
placement, but there must be certification of the out of state facility by health and human services (HHS).
After consulting with the court and HHS, the committee felt there was an active collaboration in process to
develop New Hampshire based dual diagnosis residential resources and the committee will monitor progress,
thus the decision for interim study. Vote 15-0.
HB 1370, establishing a pilot program for an integrated juvenile justice information sharing system. OUGHT
TO PASS WITH AMENDMENT.
Rep. Edith A Hogan for Children and Family Law: The committee id very impressed with what Belknap
County has done in instituting restorative justice in the juvenile system. The committee is in full support of
this pilot program to study its effect on recitivism. Vote 15-0.
Amendment to HB 1370
Proposed by the Committee on Children and Family Law - C
Amend subparagraph I(b) as inserted by section 1 of the bill by replacing it with the following:
(b) Improve program effectiveness in serving juvenile offenders by enabling the programs to
identify which strategies worked in the prevention of recidivism and by allowing a program to see if a juvenile
who received services from, or otherwise participated in, the program re-appears in the system in the future.
Amend subparagraph II(a) as inserted by section 1 of the bill by replacing it with the following:
(a) The name, date of birth, gender, race, family composition, town of residence, and school
district of the juvenile.
Amend the bill by replacing all after section 2 with the following:
3 Reports. The report filed on December 1, 2010, and any subsequent public reports shall not include
identifying data, including name, gender, race connected with town of residence, and school district.
4 Effective Date. This act shall take effect 60 days after its passage.
HB 1386, relative to a grandparent's rights to access court and case records involving a grandchild. OUGHT
TO PASS WITH AMENDMENT.
Rep. Anne C Grassie for Children and Family Law: This legislation provides grandparents access to court
and case records involving grandchild/grandchildren within proceedings concerning delinquent children, child
abuse and neglect, children in need of services, and department case records. The court can grant access
upon the grandparent’s request and notice to all parties. Vote 15-0.
Amendment to HB 1386
Proposed by the Committee on Children and Family Law - C
Amend the bill by replacing all after the enacting clause with the following:
1 Delinquent Children. Amend RSA 169-B:35, II to read as follows:
II.(a) Court records of proceedings under this chapter, except for those court records under RSA
169‑B:36, II, shall be kept in books and files separate from all other court records. Such records shall be
withheld from public inspection but shall be open to inspection by officers of the institution where the minor is
committed, juvenile probation and parole officers, a parent, a grandparent pursuant to subparagraph (b), a
guardian, a custodian, the minor’s attorney, the relevant county, and others entrusted with the corrective
treatment of the minor. Additional access to court records may be granted by court order or upon the written
consent of the minor. Once a delinquent reaches 21 years of age, all court records and individual
institutional records, including police records, shall be closed and placed in an inactive file.
(b) A grandparent seeking access to court records under subparagraph (a) shall file a request for
access with the court clerk supported by an affidavit signed by the grandparent stating the reasons for
requesting access and shall give notice of such request to all parties to the case and the minor’s parents.
Any party to the case or parent may object to the grandparent’s request within 10 days of the filing of the
request. If no objection is made, the grandparent’s request shall be automatically granted by the court. If an
objection is made, access may be granted only by court order.
2 Child Abuse and Neglect. Amend RSA 169-C:25, I to read as follows:
I.(a) The court records of proceedings under this chapter shall be kept in books and files separate
from all other court records. Such records shall be withheld from public inspection but shall be open to
inspection by the parties, child, parent, grandparent pursuant to subparagraph (b), guardian, custodian,
attorney, or other authorized representative of the child.
(b) A grandparent seeking access to court records under subparagraph (a) shall file a request for
access with the court clerk supported by an affidavit signed by the grandparent stating the reasons for
requesting access and shall give notice of such request to all parties to the case and the minor’s parents.
Any party to the case or parent may object to the grandparent’s request within 10 days of the filing of the
request. If no objection is made, the grandparent’s request shall be automatically granted by the court. If an
objection is made, access may be granted only by court order.
3 Children in Need of Services. Amend RSA 169-D:25, II to read as follows:
II.(a) The court records of proceedings under this chapter shall be kept in books and files separate
from all other court records. Such records shall be withheld from public inspection but shall be open to
inspection by juvenile probation and parole officers, a parent, a grandparent pursuant to subparagraph (b),
a guardian, a custodian, the relevant county, the minor’s attorney, and others entrusted with the supervision
of the child. Additional access to court records may be granted by court order or upon the written consent of
the minor. Once a child in need of services reaches 18 years of age, all court and police records shall be
destroyed.
(b) A grandparent seeking access to court records under subparagraph (a) shall file a request for
access with the court clerk supported by an affidavit signed by the grandparent stating the reasons for
requesting access and shall give notice of such request to all parties to the case and the minor’s parents.
Any party to the case or parent may object to the grandparent’s request within 10 days of the filing of the
request. If no objection is made, the grandparent’s request shall be automatically granted by the court. If an
objection is made, access may be granted only by court order.
4 Department Case Records; Confidentiality; Access by Grandparents. Amend RSA 170-G:8-a, II(a)(2)
to read as follows:
(2) The parent of the child named in the case record, as defined in RSA 169-C:3, XXI, or the
grandparent of the child named in the case record. A grandparent seeking access to court records under
this subparagraph shall file a request for access with the court clerk supported by an affidavit signed by the
grandparent stating the reasons for requesting access and shall give notice of such request to all parties to
the case and the minor’s parents. Any party to the case or parent may object to the grandparent’s request
within 10 days of the filing of the request. If no objection is made, the grandparent’s request shall be
automatically granted by the court. If an objection is made, access may be granted only by court order.
5 Effective Date. This act shall take effect January 1, 2009.
HB 1388, requiring the department of health and human services to gather statistical information relative to
medications prescribed to children in court-ordered placements and establishing a commission to study the
issue. OUGHT TO PASS WITH AMENDMENT.
Rep. Barbara Hull Richardson for Children and Family Law: This commission will study the extent to which
medications are prescribed to children in out-of-home placements, the circumstances under which
medications are prescribed, and other relevant issues. The commission’s final report will reflect the
recommendations and improvements necessary to ensure that best practices are being followed relative to
the prescription, administration and use of medications. Vote 16-0.
Amendment to HB 1388
Proposed by the Committee on Children and Family Law - C
Amend the title of the bill by replacing it with the following:
AN ACT establishing a commission to study practices relative to medications prescribed to children in out-
of-home placements.
Amend the bill by replacing all after the enacting clause with the following:
1 Commission Established.
I. There is established a commission to study practices relative to medications prescribed to children
in out-of-home placements, including foster and residential placements made pursuant to RSA 169-B, RSA
169-C, and RSA 169-D, and placements at New Hampshire hospital, the youth development center, the
youth detention services unit, and the Tobey School. For purposes of the study, “medications” shall mean
psychopharmacological agents, including but not limited to psychotropic medication and anti-convulsant
medications.
II.(a) The members of the commission shall be as follows:
(1) Three members of the house of representatives, appointed by the speaker of the house
of representatives.
(2) One member of the senate, appointed by the president of the senate.
(3) The commissioner of the department of health and human services, or designee, and one
other representative from the department, appointed by the commissioner.
(4) A licensed foster care provider, nominated by the commissioner of the department of
health and human services and appointed by the governor.
(5) A member of New Hampshire Partners in Service, nominated by the organization and
appointed by the governor.
(6) A primary care physician, who is a member of the New Hampshire Pediatric Society, with
relevant experience treating juveniles and young adults, appointed by the governor.
(7) A member of the New Hampshire Psychiatric Society with a specialty in child psychiatry,
nominated by the society, and appointed by the governor.
(8) A member of the New Hampshire Psychological Association with relevant experience in
child psychology and treating children in out-of-home placements, nominated by the association, and
appointed by the governor.
(9) A representative from the Court Appointed Special Advocates (CASA) of New Hampshire ,
nominated by the executive director, and appointed by the governor.
(10) A representative from the National Alliance on Mental Illness (NAMI) New Hampshire ,
nominated by the association, and appointed by the governor.
(11) A representative from the Disabilities Rights Center , nominated by the center, and
appointed by the governor.
(b) Legislative members of the commission shall receive mileage at the legislative rate when
attending to the duties of the commission.
III. The commission shall:
(a) Study the extent to which medications are prescribed to children in out-of-home placements.
(b) Study the circumstances under which medications are prescribed, the type of medications
prescribed, the purposes for which they are prescribed, the number and doses of medications per child, and
the procedures used by residential care providers to monitor and administer the medications.
(c) Identify the causes or contributing factors of any issues or concerns identified by the
commission.
(d) Solicit information and testimony from such agencies, organizations, and individuals as may
assist the commission in the performance of its duties.
IV. The members of the commission shall elect a chairperson from among the members. The first
meeting of the commission shall be called by the first-named house member. The first meeting of the
commission shall be held within 45 days of the effective date of this section. Seven members of the
commission shall constitute a quorum.
V. The commission shall file an interim report of its findings and any recommendations for proposed
legislation with the speaker of the house of representatives, the president of the senate, the house clerk, the
senate clerk, the governor, and the state library on or before November 1, 2008. The commission shall file a
final report of its findings and recommendations on or before November 1, 2009. The final report shall
include, but not be limited to, the commissions findings and recommendations regarding III(a)-(d) and
whether improvements are needed in the provider or department system of performance or medication
monitoring or quality assurance to ensure that best practices are being followed relative to the prescription,
administration, and use of medications.
2 Effective Date. This act shall take effect upon its passage.
AMENDED ANALYSIS
This bill establishes a commission to study psychopharmacological agents prescribed to children in out-of-
home placements.
HB 1490, adopting the uniform child custody jurisdiction and enforcement act. REFER FOR INTERIM STUDY.
Rep. Edward P Moran for Children and Family Law: The UCCJEA is a uniform state law that was approved
in 1997 by the National Conference of Commissioner on Uniform State Laws (NCCUSL) to replace its 1968
uniform child custody jurisdiction act (UCCJA), which this state adopted. The proposed law is voluminous
and complex. The committee sought commentary from the courts, practitioners and health and human
services (HHS) and given the time constraints, all felt further review was prudent. This view was endorsed by
the sponsor. Vote 15-1.
WEDNESDAY, MARCH 5
REGULAR CALENDAR
CHILDREN AND FAMILY LAW
SPECIAL ORDER
CACR 23, relating to parental rights. Providing that the State shall not abridge the right of parents to control
the welfare and education of their children. MAJORITY: INEXPEDIENT TO LEGISLATE. MINORITY: OUGHT
TO PASS.
Rep. Mary Stuart Gile for the Majority of Children and Family Law: This amendment presents a classic case
of good intentions with unintended consequences. The committee heard similar testimony from the Attorney
General’s office and a variety of children’s advocates. This amendment would make the parents’
determinations supreme in all matters relating to children. This would mean that all laws that protect children
and all laws that weigh what is in the best interests of children will, at a minimum, be un-amendable and most
likely be unenforceable. Furthermore it would create conflicting constitutional interests when there is a
disagreement between parents, be they married or not. As the Attorney General’s representative stated, this
would take us to a place we have never been. Vote 12-4.
Rep. Daniel C Itse for the Minority of Children and Family Law: The minority of the committee believes that
the balance of parental rights implicit in Part 1, Article 2 of the Constitution of the State of New Hampshire
and the duty of the state to protect children has been skewed in the favor of the state. The people testifying
in the public hearing have expressed a definite will to have this issue put before them. Therefore, the rights
of the people would be best served by improving the language of the amendment and moving it to Article 2.
Floor Amendment to CACR 23
Proposed by Rep. Itse
Amend the title of the resolution by replacing it with the following:
RELATING TO: parental rights.
PROVIDING THAT: parents have a natural right to control the welfare and education of their children and
the state shall not abridge such right.
Amend the resolution by replacing all after the resolving clause with the following:
I. That the first part of the constitution be amended by inserting after article 2-a the following new
article:
[Art.] 2-b. [Parental Rights.] Parents have the natural right to control the welfare and education of their
children; therefore, the State shall not abridge the role or responsibility of parents in such matters.
II. That the above amendment proposed to the constitution be submitted to the qualified voters of the
state at the state general election to be held in November, 2008.
III. That the selectmen of all towns, cities, wards and places in the state are directed to insert in their
warrants for the said 2008 election an article to the following effect: To decide whether the amendments of
the constitution proposed by the 2008 session of the general court shall be approved.
IV. That the wording of the question put to the qualified voters shall be:
“Are you in favor of amending the first part of the constitution by inserting after article 2-a a new article to
read as follows:
[Art.] 2-b. [Parental Rights.] Parents have the natural right to control the welfare and education of their
children; therefore, the State shall not abridge the role or responsibility of parents in such matters.”
V. That the secretary of state shall print the question to be submitted on a separate ballot or on the
same ballot with other constitutional questions. The ballot containing the question shall include 2 squares
next to the question allowing the voter to vote “Yes” or “No.” If no cross is made in either of the squares, the
ballot shall not be counted on the question. The outside of the ballot shall be the same as the regular official
ballot except that the words “Questions Relating to Constitutional Amendments proposed by the 2008
General Court ” shall be printed in bold type at the top of the ballot.
VI. That if the proposed amendment is approved by 2/3 of those voting on the amendment, it
becomes effective when the governor proclaims its adoption.
AMENDED ANALYSIS
This constitutional amendment concurrent resolution prohibits the state from abridging the natural right of
parents to control the welfare and education of their children.
WEDNESDAY, MARCH 12
REGULAR CALENDAR
CHILDREN AND FAMILY LAW
HB 1184, relative to religious practices of children placed outside the home pursuant to RSA 169-C.
MAJORITY: INEXPEDIENT TO LEGISLATE. MINORITY: REFER FOR INTERIM STUDY.
Rep. Elizabeth D Blanchard for the Majority of Children and Family Law: This bill provides that if a child is
placed outside the home in an abuse or neglect preceding, the court shall arrange for the child to continue
the child’s religious practices or that of the child’s family. The majority of the committee decided that this bill is
not necessary based on testimony which indicated that group homes and foster families currently
accommodate a child’s religion. Also, the members of the committee who toured YDC observed that the
spiritual needs of the juvenile residents are provided. Vote 14-4.
Rep. Anthony P Matarazzo for the Minority of Children and Family Law: While there is in place an
opportunity to have access to a place of worship or pursuit of religious practice, many group homes for
juveniles do nothing to encourage it. These children are hungry for the sense of stability and belonging that
faith can provide. Therefore the minority agrees that the group homes shall post the availability of access
and do more to encourage participation in the child’s faith of choice.
HB 1217, relative to violations of conditional release by delinquent children. REFER FOR INTERIM STUDY.
Rep. Daniel C Itse for Children and Family Law: The committee recognized that clarification of the court’s
authority may be needed, but was concerned that it was introduced to address one case. There were further
concerns as to whether or not current law provides sufficient due process. Therefore, the committee intends
to study the issue further. Vote 12-4.
HB 1291, requiring persons under 18 years of age to wear ski helmets. INEXPEDIENT TO LEGISLATE.
Rep. Ruth Ginsburg for Children and Family Law: Committee research demonstrated that there is already a
growing movement by various juvenile skiing groups to encourage the use of helmets. The committee
decided that a positive approach using various incentives would be more beneficial. Vote 15-3.
HB 1477, relative to cellular phone and satellite television records for child support enforcement.
MAJORITY: OUGHT TO PASS. MINORITY: REFER FOR INTERIM STUDY.
Rep. Edward P Moran for the Majority of Children and Family Law: This bill recognizes technological
changes in the arena of child support. It seeks to include cell phone and satellite customer name and
address records which were not included in existing law, while those subscribing to land lines and cable were
included. The minority had reservations about the administrative subpoena authorization in current law that
would be carried forward. The majority was unaware of any abuse connected with the authorization. At the
end of 2007, uncollected child support amounted to over $169,700,000 in New Hampshire . Vote 13-2.
Rep. Daniel C Itse for the Minority of Children and Family Law: The minority of the committee agrees with
majority that collection of the child support in arrears is an important issue. However, we were uncomfortable
with the administrative (Executive Department) subpoena of private records, rather than judicial
subpoena.