NH Supreme Court sides with mother over state in parental rights fight | New Hampshire

NH Supreme Court sides with mother over state in parental rights fight | New Hampshire:

LYNN, J. The respondent, the mother of a minor child, appeals the order of the Circuit Court (Weaver, J.) terminating her parental rights over the child. See RSA ch. 170-C (2014 & Supp. 2015). On appeal, the mother argues that the trial court erred by: (1) granting the petition brought by the petitioner, the New Hampshire Division of Children, Youth and Families (DCYF), to terminate her parental rights while the direct appeal of her underlying criminal conviction was pending; and (2) finding that termination of her parental rights was in the best interest of the child. We reverse and remand.

http://www.courts.state.nh.us/supreme/opinions/2016/2016078st.pdf


My Comment: I can't believe my eyes reading this article. This has to be a first in NH!

First off, this case is reversed and remanded because the Mother's felony assault conviction of the child is on pending appeal. For the life of me I will never understand how parent's whose Criminal child endangerment charges are dropped, (because in Criminal Court evidence proving innocence is admitted) whereas evidence proving innocence in NH Family Courts are NEVER allowed admitted and the child is NEVER returned.

The State can terminate a parents rights when they are sentenced to long term confinement and won't be eligible for parole for at least six years. I'm curious as to how long this rule has been in effect knowing that other's confined for as little as 18 months have their rights terminated. And to top it off, the convictions have nothing to do with their stolen child!

Found it: https://www.childwelfare.gov/pubPDFs/groundtermin.pdf      
 Current Through January 2013

Another common ground for termination is a felony conviction of the parent(s) for a crime of violence against the child or another family member. Also, a conviction for any felony that results in a long term of incarceration and requires the child to enter foster care because of a lack of alternatives may also constitute a ground for termination of parental rights.