New Hampshire Revised Statutes 169-C:12-f – Rebuttable Presumption of Harm
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There shall be a rebuttable presumption that a child‘s health has suffered or is likely to suffer serious impairment by exposure to any of the following conduct:
I. Evidence of a parent‘s, guardian‘s, or custodian‘s substance misuse that is adversely affecting a child’s care or supervision, when that parent, guardian, or custodian is not actively engaged in treatment;
II. Evidence of a parent’s, guardian’s, or custodian’s impaired driving or operating of a motor vehicle while a child is in the vehicle; or
III. Evidence of a parent’s, guardian’s, or custodian’s exposure of a child to:
(a) Physical violence directed at a sibling, the other parent, or another person living in the home; or
(b) Psychological maltreatment directed at the child, a sibling, the other parent, or another person living in the home.
IV. The rebuttable presumption of harm established in paragraph III shall not apply to victims of domestic violence who are subject to an abuse or neglect petition filed pursuant to this chapter as a result of an incident or incidents in which that parent, guardian, or caregiver was the victim.
I. Evidence of a parent‘s, guardian‘s, or custodian‘s substance misuse that is adversely affecting a child’s care or supervision, when that parent, guardian, or custodian is not actively engaged in treatment;
Terms Used In New Hampshire Revised Statutes 169-C:12-f
- Child: means any person who has not reached his eighteenth birthday. See New Hampshire Revised Statutes 169-C:3
- Custodian: means an agency or person, other than a parent or guardian, licensed pursuant to N. See New Hampshire Revised Statutes 169-C:3
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a parent or person appointed by a court having jurisdiction with the duty and authority to make important decisions in matters having a permanent effect on the life and development of the child, and to be concerned about the general welfare of the child. See New Hampshire Revised Statutes 169-C:3
- Parent: means mother, father, adoptive parent, stepparent, but such term shall not include a parent as to whom the parent-child relationship has been terminated by judicial decree or voluntary relinquishment. See New Hampshire Revised Statutes 169-C:3
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- Psychological maltreatment: means pervasive and emotionally abusive behavior, which shall include, but not be limited to, patterns of threatening, berating, or demeaning behavior. See New Hampshire Revised Statutes 169-C:3
- Serious impairment: means a substantial weakening or diminishment of a child's emotional, physical, or mental health or of a child's safety and general well-being. See New Hampshire Revised Statutes 169-C:3
II. Evidence of a parent’s, guardian’s, or custodian’s impaired driving or operating of a motor vehicle while a child is in the vehicle; or
III. Evidence of a parent’s, guardian’s, or custodian’s exposure of a child to:
(a) Physical violence directed at a sibling, the other parent, or another person living in the home; or
(b) Psychological maltreatment directed at the child, a sibling, the other parent, or another person living in the home.
IV. The rebuttable presumption of harm established in paragraph III shall not apply to victims of domestic violence who are subject to an abuse or neglect petition filed pursuant to this chapter as a result of an incident or incidents in which that parent, guardian, or caregiver was the victim.