Grounds for Termination of Parental Rights New Hampshire

Grounds for Termination of Parental Rights New Hampshire


Statute: §§ 170-C:5; 169-C:24-a

Circumstances That Are Grounds for Termination

Abandonment or Extreme Parental Disinterest

Abuse/Neglect

Mental Illness or Deficiency

Felony Conviction/Incarceration

Failure of Reasonable Efforts

Sexual Abuse

Failure to Provide Support

Child Judged in Need of Services/Dependent

Child's Best Interest

Child in care 15 of 22 months (or less)

Felony assault of child or sibling

Murder/Manslaughter of sibling child

Circumstances That Are Not Grounds for Termination

Alcohol or Drug Induced Incapacity

Abuse/Neglect or Loss of Rights of Another Child

Failure to Maintain Contact

Failure to Establish Paternity

N.H. Rev. Stat. Ann. § 169-C:24-a (Lexis, WESTLAW through 1999 Reg. Sess.)

The State, through an authorized agency, or if required by a district court, shall file a petition for termination of parental rights or, if such a petition has been filed by another party, the State shall seek to be joined as a party to such petition, where any one of the following circumstances exist:

Where a child has been an out-of-home placement pursuant to a finding of child neglect or abuse, under the responsibility of the State, for 12 of the most recent 22 months;

Where a court of competent jurisdiction has determined that a child has been abandoned;
Where a court of competent jurisdiction has made any one or more of the following determinations: That the parent has been convicted of murder or manslaughter of another child of the parent; the parent has been convicted of attempt, solicitation, or conspiracy to commit any of the offenses above; or the parent has been convicted of a felony assault that resulted in serious bodily injury to the child or another child of the parent.

The State may not be required to file a petition for termination of parental rights, or seek to be joined as a party to such a petition, if one or more of the following conditions exist:

The child is being appropriately cared for by a relative;

A State agency has documented in the case file a compelling reason for determining that filing a petition for termination of parental rights would not be in the best interests of the child; or

The State has not provided to the family of the child such services and reasonable efforts as the State deems necessary for the safe return of the child to the child's home. In determining whether the State has made reasonable efforts to prevent placement and reunify the family, the district court shall consider whether services to the family have been accessible, available, and appropriate.

N.H. Rev. Stat. Ann. § 170-C:5 (Lexis, WESTLAW through N.H. 2003 Legis. Serv., Ch. 79)

The petition may be granted where the court finds that one or more of the following conditions exist:

The parent has abandoned the child. It shall be presumed that the parent intended to abandon the child if the parent left the child without provision for his identification or left the child in the care and custody of another without any provision for his support or without communication from such parent for a period of six months. If, in the opinion of the court, the evidence indicates that such parent has made only minimal efforts to support or communicate with the child, the court may declare the child to be abandoned;

Although the parents are financially able, they have substantially and continuously neglected to provide the child with necessary subsistence, education, or other care necessary for his mental, emotional, or physical health or have substantially and continuously neglected to pay for such subsistence, education, or other care when legal custody is lodged with others. However, it shall not be grounds for the termination of the parent-child relationship for the sole reason that the parent relied upon spiritual means through prayer in accordance with a recognized religious method of healing in lieu of medical treatment for the healing of the child;

The parents, subsequent to a finding of child neglect or abuse, have failed to correct the conditions leading to such a finding within 12 months of the finding, despite reasonable efforts under the direction of the district court to rectify the conditions;

Because of mental deficiency or mental illness, the parent is, and will continue to be, incapable of giving the child proper parental care and protection for a longer period of time than would be wise or prudent to leave the child in an unstable or impermanent environment;

The parent knowingly or willfully caused or permitted another to cause severe sexual, physical, emotional or mental abuse of the child. Subsequent to a finding of such abuse, the parent-child relationship may be terminated if return of the child to the parent would result in a substantial possibility of harm to the child. A substantial possibility of harm to the child shall be established by testimony of at least two of the following factors:

The parent's conduct toward the child has
resulted in severe harm to the child;

The parent's conduct toward the child has continued despite the reasonable efforts of authorized agencies in obtaining or providing services for the parent to reduce or alleviate such conduct;

The parent's conduct has continued to occur either over a period of time, or many times, or to such a degree so as to indicate a pattern of behavior on the part of the parent which indicates a complete disregard for the child's health and welfare;

Such conduct is likely to continue with no change in parental behavior, attitude, or actions.
Testimony shall be provided by any combination of at least two of the following people: a licensed psychiatrist, a clinical psychologist, a physician, or social worker who possesses a master's degree in social work and is a member of the Academy of Certified Social Workers.

If the parent or guardian is, as a result of incarceration for a felony offense, unable to discharge his responsibilities to and for the child, and in addition, has been found to have abused or neglected his child or children, the court may review the conviction of the parent or guardian to determine whether the felony offense is of such nature, and the period of incarceration imposed such duration, that the child would be deprived of proper parental care and left in an unstable or impermanent environment for a longer period of time than would be prudent. Placement of the child in foster care shall not be considered proper parental care and protection. Incarceration, in and of itself, shall not be grounds for termination of parental rights;

The parent has been convicted of one or more of the following offenses: Murder or manslaughter of another child of the parent or of the child's other parent; attempt, solicitation, or conspiracy to commit any of the above offenses; or a felony assault which resulted in serious bodily injury to the child or to another child of the parent, or of the child's other parent.

http://library.adoption.com/articles/grounds-for-termination-of-parental-rights-new-hampshire.html