Unbiased Reporting

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Isabella Brooke Knightly and Austin Gamez-Knightly

Isabella Brooke Knightly and Austin Gamez-Knightly
In Memory of my Loving Husband, William F. Knightly Jr. Murdered by ILLEGAL Palliative Care at a Nashua, NH Hospital

Thursday, August 16, 2012

New Hampshire Parental Rights Terminated Once Child is in Out of Home Placement 12 Months-Edited

(Edited sections are BOLD)
In NH a parent is only given 12 month's to correct the conditions leading up to the out of home placement of their children. After reading the NH Statute-NH 169-C:24-a and researching, it look's as though this Statute was revised July 11, 2005.
See: http://www.gencourt.state.nh.us/rsa/html/XII/169-C/169-C-24-a.htm
 After doing more research, I found that the Statute was revised in 2002, not 2005 under NH RSA 170-C:5 III. 
See:
 http://www.courts.state.nh.us/supreme/opinions/2011/2011104inremichael.pdf  Page 1:
See RSA 170-C:5, III (2002).

NH is just one of the very few states which has revised this statute giving a parent just 12 month's to comply, which lead's me to believe this Statute should once again be revisited by the NH Legislature and again revised, giving the parent more time to comply with Court orders.

Through my research I've found many parent's whose children were placed in foster care were not given the resources and services by NH DCYF to in fact help in the reunification process. The parents who tried to help themselves, were still denied their children. Some of them admitted themselves into programs, without Court order, to better the lives of themselves and their children. Still denied the rights of their children because at the time of the Permanency Hearing or the TPR, the 12 Month clock had stopped ticking and the parent was still in the program, not able to finish in time and his/her rights terminated any way.

Other parents were Court-ordered into programs that didn't exist in NH and were denied the right by DCYF for admittance into the programs in a neighboring state. Again, making sure there was no way the parent could comply. Other parent's were illegally Court ordered out of programs that they were already enrolled in.

There are definitely certain circumstances where it is impossible for a parent in NH to comply with Court orders within the 12 month period.
In many instances, 12 months is not enough time for a parent to get his/her life back on track, if in deed the allegations were true to begin with.

At the beginning of the case, the parent try's their hardest to regain custody of his/her child. Then roadblocks are pushed in their way and they're given more hoops to jump through. The tricks begin. The parent get's discouraged. They start to believe no matter what they do, their child will never be returned. They're right. In most cases in NH, their children are NEVER returned. No matter what they've done to better their lives, it's never enough, or the Judges are told the parent is in non-compliance, when in all actuality they are. Record's falsified. Hearsay without proof. If programs aren't finished within the twelve month's, their child is lost to the system. If the Court makes order's  that are IMPOSSIBLE to fulfill, again the child is lost to the system.

What about the children placed in foster care before this law took affect? Some of them in foster care 5 and 10 years and more. Their parent's rights never terminated. No adoption petition ever filed? Does that make sense? Definitely NOT!

What about the "Chosen" few parent's whose children were removed in 2002 or later, after this Statute was revised, yet TPRS were never filed? Their children languished in foster care for years, well past the 12 month mark, with continued visitation with their children. The children never put up for adoption. Wasn't this Statute revised for ALL NH parents, or is it clearly being used against some, not all? Why aren't all parent's treated equally? If other families only get 12 months to correct conditions, why should another family get 5 to 10 years or more? NH DCYF and the NH Family Court's: Your Bias is showing!

The NH Foster care commercials state: "You don't have to be perfect to be a Foster parent." Then why do biological  parent's have to be perfect?

NH RSA 169-C:24-a and NH RSA 170-C:5 III should definitely be revised. 12 months is not enough time in way too many cases. 18 month's should be mandatory. 5 to 10 years is definitely too long to keep a child in limbo.

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