HB 415 – AS AMENDED BY THE HOUSE
15Mar2012… 1115h
2011 SESSION
05/04
HOUSE BILL 415
AN ACT relative to access to abuse and neglect investigation records pending a child custody dispute.
SPONSORS: Rep. Ingbretson, Graf 5
COMMITTEE: Children and Family Law
This bill provides that any parent who believes that the department of health and human services has abused its discretion by refusing to release certain records may appeal the decision to the superior court.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
15Mar2012… 1115h
11-0846
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to access to abuse and neglect investigation records pending a child custody dispute.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Department of Health and Human Services; Access to Case Records. Amend RSA 170-G:8 by inserting after paragraph VI the following new paragraph:
VII. If, in a proceeding under RSA 461-A, either parent’s access to his or her children has been restricted or limited as the result of an investigation of abuse or neglect under RSA 169-C, either parent shall have access to the case record in accordance with subparagraph II(a)(2), a list of case records not produced, and a list of any related third-party records in the possession of the department. The list of case records not produced and the list of third-party records shall identify the source, date, subject matter, and involved parties for each record. A parent who believes that the commissioner has failed to properly exercise his or her discretion to release records under this section shall have the right to appeal the determination to the superior court.
2 Effective Date. This act shall take effect January 1, 2013.