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SB 278

including qualifying convictions from other states as grounds for termination of parental rights petitions.

2025 Regular Session Introduced by Sue Prentiss

SB 278 allows New Hampshire courts to consider out-of-state criminal convictions when deciding whether to terminate parental rights, effective January 1, 2026.

Signed by the Governor on 06/10/2025; Chapter 0093; Effective 01/01/2026
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Bill Summary · SB 278

Legislative bill overview

SB 278 expands grounds for terminating parental rights in New Hampshire by allowing courts to consider criminal convictions from other states, not just New Hampshire convictions. The bill became effective January 1, 2026, and was signed into law in June 2025.

Why is this important

Parental rights termination is one of the most severe legal actions in family law, typically reserved for cases involving abuse, neglect, or abandonment. This change affects how courts evaluate a parent's fitness by broadening the criminal history they can consider, potentially impacting custody and guardianship proceedings across state lines and making it easier to remove parental rights based on out-of-state convictions.

Potential points of contention

  • Interstate fairness concerns: Different states have varying criminal codes and sentencing practices; a conviction serious in one state might be treated differently in New Hampshire, raising questions about equal treatment
  • Due process questions: Critics may argue that out-of-state convictions carry less context about rehabilitation efforts or the specific circumstances of the crime
  • Burden on parents: The change could disadvantage individuals who relocated to New Hampshire but have prior convictions elsewhere, limiting their ability to demonstrate they've changed

Compiled from official sources — confirm details with the bill’s official record.

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