HB 1280  - AS INTRODUCED

 

 

2022 SESSION

22-2795

07/04

 

HOUSE BILL 1280

 

AN ACT prohibiting a parent's refusal to vaccinate a child pursuant to an order of the state or federal government to be used as a basis for terminating parental rights.

 

SPONSORS: Rep. Roy, Rock. 32

 

COMMITTEE: Children and Family Law

 

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ANALYSIS

 

This bill prohibits a parent's decision not to have their child vaccinated from being used as grounds to terminate parental rights.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22-2795

07/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Two

 

AN ACT prohibiting a parent's refusal to vaccinate a child pursuant to an order of the state or federal government to be used as a basis for terminating parental rights.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Termination of Parental Rights; Grounds for Termination of the Parent-Child Relationship; Decision to Vaccinate Prohibited.  Amend RSA 170-C:5, II to read as follows:

II.  That, although the parents are financially able, they have substantially and continuously neglected to provide the child with necessary subsistence, education or other care necessary for his mental, emotional, or physical health or have substantially and continuously neglected to pay for such subsistence, education or other care when legal custody is lodged with others; provided, however, it shall not be grounds for the termination of the parent-child relationship for the sole reason the parent of said child relies upon spiritual means through prayer in accordance with a recognized religious method of healing in lieu of medical treatment for the healing of said child. A parent's decision not to have their child vaccinated pursuant to an order of the state or federal government or any agency or person of the same shall not be used as grounds to terminate parental rights as the ultimate decision regarding the health care of children resides with the parents.

2  Effective Date.  This act shall take effect January 1, 2023.