NH Family Justice Action Alert

by Press Release

The legislature is now in session. Thanks to you, the rule changes we warned about last week did not pass. Therefore, every bill will have a public hearing where YOU will have a chance to make your voice heard and speak up for justice for New Hampshire children and families.

Upcoming Hearings – Mark Your Calendars

Tuesday, January 21 – House Children and Family Law Committee
Room 206-208, Legislative Office Building, 33 N State St., Concord, NH
⚠️3:00PM – HB243-FN – relative to the penalty for false reports of suspected abuse and neglect made to the division for children, youth, and families.✅ Support ✅
This bill provides that reports of suspected abuse and neglect may include the name of the person making the report and that a report made maliciously or with the intent to cause harm may be subject to civil and criminal penalties.  

The majority of the issues in obtaining justice for children and families in New Hampshire stem from a lack of constitutional due process requirements within the systems, such as being given proper notice to appear, being able to submit evidence, having an impartial judge, and having the right to face your accuser.

This bill seeks to help address this vital piece of due process which is missing in New Hampshire statutes. The ability to report to DCYF anonymously is frequently exploited because it enables someone with malicious intent to destroy an innocent parent or family through painful legal processes without any accountability. While this bill only states the department may obtain personal information from the reporter, it is one step closer to ensuring accountability for malicious reporting, and presents an opportunity for the public to demand constitutional due process protections.

Wednesday, January 22 – House Criminal Justice and Public Safety Committee
Room 301-303, Legislative Office Building, 33 N State St., Concord, NH
⚠️10:00AM – HB194-FN – relative to the crime of interference with custody.✅ Support ✅
This bill strengthens current law by clarifying for law enforcement that adjudicated orders are valid and must be enforced.

Children have a fundamental right to a stable and meaningful relationship with both parents, and every parent has the constitutional right to be involved in their child’s life unless through due process a court of law determines otherwise. Parenting orders which are establish after due process and consideration of the facts are intended to provide a stable family dynamic and promote the well-being of children. And yet, frequent failure to enforce custody orders and laws against interference with custody puts children at risk of emotional harm, instability, long-term trauma. This bill affirms the importance of ensuring compliance with established custody orders.
⚠️11:00 AM – HB257-FN – establishing the crime of criminal neglect of a child.
❌ Oppose ❌
This bill establishes the crime of criminal neglect of a child and provides penalties for committing the offense.

The intent of this bill is commendable, however, the language is vague and some terms are not defined, such as “care,” “seriously endanger,” and “mental and emotional needs.” Vague statutes can be enforced too broadly and are up to interpretation by law enforcement. Vagueness doctrine holds that criminal laws which do not state explicitly and definitely what conduct is punishable are void for vagueness. Additionally, much of what this bill intends to incriminate is already punishable under the crime of endangering the welfare of a child, RSA 639:3. Unless the language is clarified and made not redundant of current law, we oppose this bill.

There is a senate bill, SB23, that increases penalties under the crime of endangering the welfare of a child, which we believe is a better bill.

You can submit your support or opposition, and testimony for these bills online here.
You can also the hearing and testify in person. (most impactful)
Additionally, you find committee member contact info here.
 
SpotlightWhy is DCYF failing children and families?Most people agree that the child welfare systems in New Hampshire are failing children. High profile cases in recent news have shed light on the shortcomings of these systems and horrific abuse that has taken place as a result. Additionally, almost everyone knows someone who has been through the Family Division of the Circuit Court that claims unfair, unjust, and unlawful processes that have resulted in harm to children and parents alike.

For this week’s Spotlight, let us focus on some major issues regarding DCYF and how child abuse allegations are handled in New Hampshire.
Child Abuse Not Treated Like Other Crimes
For any crime reported to police, if a report or affidavit is submitted by a witness with their name tied to it under pain and penalties of perjury, a prosecutor can present it to a judge as probable cause and seek a surveillance, search, and/or arrest warrant. This allows fast action to protect children and collect hard evidence, while also ensuring there is liability on the part of the accuser if it comes to light that they knew what was alleged was untrue. This reduces the likelihood of false reports and waste of taxpayer resources. It also ensures that in court, the defendant can face their accuser, as guaranteed by the constitution.

An arrest based on evidence removes the accused from the presence of the allegedly abused child and ensures the child’s safety until an arraignment hearing, where bail conditions or pre-trial protective orders can be established to further protect the child until prosecution and trial are complete.

DCYF Process Flawed
In contrast, DCYF are not law enforcement, and when they receive a report, especially an anonymous report, it does not amount to evidence for probable cause, and would not be sufficient to obtain a warrant. Therefore, DCYF employees must rely on voluntary cooperation from the accused, providing an opportunity for evidence to be hidden, the child moved, coached or threatened, or worse, before sufficient evidence for a search warrant or arrest warrant can be obtained.

Taking child abuse investigations out the hands of trained law enforcement and placing it under the authority of DCYF CPSWs has allowed vulnerable children to slip through the cracks. CPSWs have been known to mishandle evidence, making it impossible for law enforcement to later prosecute. In many cases, DCYF investigates and makes findings of abuse but takes no further action and closes the case. In other instances, they never make contact with the accused or the child in potential danger and close the case and move on.

Shockingly, there have been multiple cases in which DCYF advocated in court in favor of leaving a child in the care of adults who were already convicted of physically or sexually abusing them. Just as concerning, there are many reports of DCYF making false statements in family court against innocent parents, where it is proven DCYF CPSWs lied, and yet were never held accountable.

This current system of child protection, where DCYF is conducting investigations, has only been in use for about 30 years. Prior to that child abuse was treated like any other crime, with the full investigatory power of trained law enforcement and guaranteed due process in a court of law for the accused. The experiment has failed, and children and families have been harmed as a result.

Opinions expressed are those of the author or organization and may not represent those of Grok Media, LLC, GraniteGrok.com, its sponsors, readers, authors, or advertisers. Submit Op-Eds to steve@granitegrok.com

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