HB285

HB285 allows courts to consider "any known mental health condition of the parent" when determining parental rights and obligations, but doesn't require consideration of how that condition affects the individual's ability to parent. This deepens the stigma against individuals living with mental illness in this state and could cause serious harm to the families of parents whose conditions are well-controlled or irrelevant to their ability to serve as fit guardians.

This bill essentially criminalizes people for having health issues. As a social worker for 12 years working with children in the foster care system and a former foster parent myself, had I seen my foster children’s parents treated unfairly for having a mental health condition, I would have spoken out about it. My husband and I adopted two children from the NH foster care system and we were able to work within the system rules and regulations to do what was best for the children, and not overreach and discriminate against their birth parents because of any health issues. Parental rights should only be terminated if a parent is deemed unfit, unable and/or unwilling to parent their child. I would not be surprised if most parents have dealt with mental health issues at some point in their parenting journey and to take their children away because of it would have horrific consequences for the children and the parent.

This bill furthers the damaging and harmful stigma around mental health. New Hampshire already has a severely underfunded and understaffed DCYF, there are also not anywhere near enough foster homes available for children. This legislation would further shame those who have sought treatment for a diagnosis that may be well managed, but still paints an unstable picture due to the unjust stigma attached by cruel and uneducated points of view. For a state that always has reunification of families as the primary goal, this is an abomination to that principle. Funding care for health of children and families should be a priority so parents can receive services and training to keep their children safe and in their homes, not wade into things that should be protected by HIPPA.

I am writing to express strong opposition to this bill as a citizen, a parent and a psychologist.

This will discourage people from seeking help or even admitting that they are struggling. If someone’s mental health issues are causing a problem with their parenting there are many remedies available to the other parent and to the state itself.

Passing this bill will surely increase the suicide rates among New Hampshire's youth. Please do right by our children and ask questions to learn more if you don't understand.

This bill is dangerously unfair to parents with any kind of mental health diagnosis. I myself have a depression diagnosis, but it is well managed with meds and certainly didn't prevent me from being a great parent to my children. This bill doesn't take into account how well someone functions, or how well their symptoms are controlled; it just weaponizes a diagnosis for legal purposes. Please oppose this.

This bill is harmful and discriminatory towards parents who have a mental illness, while also increasing stigma. Unless there is evidence that a parent’s mental health is a contributing factor to a child’s safety, this is inappropriate. There are many parents who have mental health conditions that are properly managed with medication and therapy. I experienced postpartum depression and managed to effectively parent thanks to life saving medication and supports. Having my children taken away just due to a medical condition is abhorrent and traumatic to both the family and the child. I strongly oppose of this dangerous bill.

While it may seem like a reasonable idea on the surface, I'm deeply afraid this bill could be used against parents and childrens' best interests.

Parents already have many legal rights and the ability to be involved in thier children’s education within current law. This bill opens up the risk of litigation costs state wide, a risk that NH cannot take with its current fiscal state

Parents already have many legal rights and the ability to be involved in thier children’s education within current law. This bill opens up the risk of litigation costs state wide, a risk that NH cannot take with its current fiscal state

We need to be kind to all of God's creatures!

I oppose this bill.

The OCA is opposed to HB 285, as it is unnecessary. The Courts already have the ability to consider any factor in determining the best interest of children. This new language could tend to stigmatize mental health conditions, leading to less diagnoses and adequate treatment of the same, which could endanger children, and lead to more children winding up in the child protection system.

Female

The court should consider a person's ability to parent, rather than considering a category of illness, mental or otherwise when determining parental rights. I oppose stigmatizing people whenever possible.

Mental health conditions can be manageable and should not be used in this way, i strongly oppose this gross bill

As a mother I feel strongly that decisions related to pregnancy are personal between a women and her partner and her doctor. Not every pregnancy goes as hoped for or when the woman is ready. It is presumptuous for anyone else to think they know the right answers to difficult questions without knowing the circumstances involved. Voters are not looking for politicians to help them make difficult choices for them or treat women as 2nd class citizens.

I am an independent voter in NH with a business background. I've been following various bills and watching our legislature in action recently. The volume of bills produced in our legislature is staggering. The number I see that seem to be solutions looking for a problem, designed to cause problems or attack certain citizens, or political stunts designed to look like governing vs actually governing is extremely discouraging. Family courts already have authority to consider mental health concerns when diagnosed and flagged as relevant by licensed professionals. At best, this is a waste of time better spent by our elected officials solving actual problems in NH. At worst, it is an effort to make and already traumatic experience for parents and children even more contentious by allowing the introduction of baseless accusations and personal medical information. I imagine it would also worsen the mental health crisis in our state by discouraging parents from seeking care for depression or other mental illnesses out of fear of it being used against them in a custody battle. Our courts have a hard enough time dealing with the cases before them. Our legislators should seek to be more supportive of our family courts instead of making it harder to resolve these difficult situations. People have a hard enough time dealing with mental illness. Please withdraw this bill. Thank you, Debora Hatcher

This is a curiously vague bill that could undermine a parent's ability to care for a child. The courts already do a good job determining dangerousness. The biggest obstacle facing the courts is the backlog. Adding other determinant factors would merely add to that.

Allowing a court to consider "any known mental health condition of the parent" as a relevant factor in determining a person's parental rights and responsibilities, regardless of the condition's impact on that person's ability to parent, does little more than to cause further damage and stigma to people living with mental illness and jeopardizes their rights as individuals.

Mental health and how it affects parenting is not a one size fits all answer. I personally have lived experience with mental health . I have also worked through many obstacles to improve my well being , to ensure that my children have their mom at 100%.. I would be absolutely devastated and torn if was deemed an unfit mother due to medical diagnosis., this is a discriminatory bill and if passed will break apart families statewide.

It makes no sense to allow “any known mental health condition of the parent’ to be a factor in the determining parental rights, regardless of the condition’s impact on their ability to parent. This is a dangerous and destructive bill, and it adds to the damaging stigmas associated with mental illness. As long as a parent is functioning well and parenting effectively, it should be irrelevant whether they have an anxiety disorder or depression.