We, the undersigned citizens and parents of New Hampshire, respectfully request that the General Court and the NH Senate make the following changes in the Child Protection Act, RSA 169-C, in order to protect the families of this state from needless physical and emotional harm brought upon them by the Division of Children, Youth, and Families:

1. A change in the definition of "abused child" and "neglected child" under RSA 169-C:3 to require an affirmative act on the part of the parent or other child caretaker so as to show culpability in the act or omission that led to the filing of the petition. No parent, not accused of culpability in the abuse or neglect of his child, should be forced to undergo a psychological examination as a prerequisite to visitation for any child in foster care. No parent not named in a petition for abuse or neglect shall be required to have supervised visitation with his or her child while in foster care. Any father acknowledging parental status should be given visitation as a matter of right unless there is another person claiming to be the father. Visitation shall continue until medical testing excludes that person as the father of the child. Such testing shall not be required of any person claiming to be the father unless there is a legitimate factual dispute. NO Ex-Parte Request for removal of a child from the home shall be approved without written proof that the Division has made a good-faith attempt to locate a non-resident parent, and has determined that a non-resident parent is not entitled to physical custody as a matter of law. If a non-resident parent not name in a Petition for Abuse or Neglect is entitled to custody as a matter of law, no Ex Parte Order shall be approved unless such non-resident parent has refused, in writing, his right to custody of the child. If the non-resident parent is located prior to any preliminary hearing, and offers to take a child to which he or she otherwise has custody rights, the Court shall order the child to be placed with that parent.

2. That the Division immediately stop their written or oral representations to parents that they must give up any of their constitutional rights under the Fourth and Fifth Amendments with respect to child abuse investigations. They should be forbidden from stating that parents must sign releases for medical records, psychological records, or school records. Schools, physicians, or any entity that is required to keep records confidential should be forbidden from communicating with the Division without the permission of parents except for an initial report required under law. Constitutional rights should be respected and protected.

3. That DCYF be held accountable for breaking the law not only in the course of child abuse investigations, but in all of their actions following the filing of a petition. This includes, but is not limited to: accountability for perjury in the filing of petitions or in the course of litigation, witness tampering, voicing opinions to children's treating physicians on the suspected cause of children's injuries, and interviewing young children without videotape or audiotape as required by law. Evidence collected in violation of the law should be suppressed as in any criminal matter.

4. That the statutory limit on defense counsel for indigent defendants be raised from the present $1500 to at least $5000, and that there be an amount statutorily authorized for expert witness consultation for defendants in all cases.

5. That step-parents of children, living in the same home, be authorized to receive Court-appointed counsel to defend their status as child abusers, a right protected by due process.

6. That when Child Protection Workers submit evidence for ex-parte orders for the removal of a child, that they be required to submit evidence of abuse or neglect over and above their own affidavits, and to show that the harm to the child is a result of an act or omission of the parent(s), step-parent, or other person living in the home.

7. That the Court rooms be open to the public; and parents and others named in Petitions for Abuse and Neglect be permitted a jury trial in the matter. Hearsay, with the exception of statements of young children collected as allowed by law, should be forbidden. The standard of proof to sustain a Petition should be raised to "clear and convincing" evidence. Parents are entitled to a full investigation by the police in any matter involving harm to their children.

8. DCYF should be forbidden from obtaining Court Orders that violate the Constitutional rights of free speech of the parents. Any parent should be able to speak to any person, including members of the press, about the facts of their child's case.

9. Confidentiality in the medical records of children should be respected. Child protection workers should be forbidden all contact with children's physicians in the course of an investigation, with the exception of obtaining medical records. Social workers should not be permitted access to children's medical appointments, should not be able to discuss facts of the case with physicians. Physician should be forbidden from discussing a child's medical status with the Division without express consent of parents.

10. That the Central Registry be dissolved and the NH BRIDGES data base be required to purge all records of unfounded cases within one year of the Court's order or closing of the file by DCYF. DCYF should purge the BRIDGES Data Base of founded cases within three years of closing the case. That DCYF workers shall not have access under the BRIDGES Database to medical records, school records, or day care records of citizens of this state for use in child abuse investigations without a Court order.

11. That the Court of this state adhere to the statutory time limits for the processing of abuse and neglect petitions, and schedule all of the time required to try cases in consecutive days of trial.

12. That all evidence collected by any law enforcement agency, local, state, or federal, be required to be disclosed to the person named in the petition, and the parents, as if it had been collected by DCYF, under the same rules as applicable to criminal discovery proceedings.