Prohibits using parents' decisions not to vaccinate their children as evidence in any proceeding to terminate parental rights

State: NH
Bill Number: HB 1280
Position: SUPPORT
Action Required: None
Status: Enacted, signed by Governor 7/8/2022, vaccine provision effective 1/1/2023

Legislation Details:

UPDATE: 7/8/2022 - HB 1280 was signed by the Governor. The section of the bill prohibiting using parents' decisions not to vaccinate their children as evidence in any proceeding to terminate parental rights will be effective on 1/1/2023. The non-vaccine related portions of the bill have differing effective dates. 

UPDATE: 5/26/2022 - HB 1280 passed and was enrolled on 5/26/2022.  Final, enrolled version - https://www.gencourt.state.nh.us/bill_Status/pdf.aspx?id=36212&q=billVersion

UPDATE: 5/12/2022 - House concurs with Senate Judiciary Committee amendment. 

UPDATE: 5/5/2022 - HB 1280 passed the Senate. 

UPDATE:  4/27/2022 - HB 1280 passed the Senate Judiciary Committee with an amendment in a 3-2 vote. The amendment does the following:

- Changes the vaccine provision of the bill to state "A parent's decision not to have their child vaccinated shall not be used as evidence in any proceeding to terminate parental rights."

- Repeals and reenacts amended statute regarding the Interstate Compact for the Placement of Children.

 

NVIC Advocacy does not take a position on the second part of the amendment, as it is unrelated to vaccines. Because of the changes to the bill, NVIC Advocacy is changing its title from "Prohibits parental rights termination based on refusal to vaccinate a child" to "Prohibits using parents' decisions not to vaccinate their children as evidence in any proceeding to terminate parental rights."

 

UPDATE:  4/21/2022 - HB 1280 scheduled for hearing in the Senate Judiciary Committee on Tuesday, April 26th at 1:00 PM in State House Room 100. Agenda - https://www.gencourt.state.nh.us/senate/schedule/eventDetails.aspx?event=7469&et=1

 

UPDATE: 3/17/2022 - HB 1280 referred to Senate Judiciary Committee.

 

UPDATE: 3/15/2022 - HB 1280 passed the House with an amendment

The amendment eliminates the struck-through language below:

 

"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."

 

UPDATE: 3/1/2022 - HB 1280 passed the House Children and Family Law Committee in an 8-7 vote

 

UPDATE:  2/25/2022 - HB 1280 is scheduled for an executive session in the House Children and Family Law Committee on 3/1/2022 at 9:00 AM in Legislative Office Building Room 206-208. Agenda - https://www.gencourt.state.nh.us/house/schedule/eventDetails.aspx?event=7066&et=11

 

UPDATE: HB 1280 is scheduled for a hearing in the House Children and Family Law Committee on Tuesday, Feb. 15th at 11:15 AM in Legislative Office Building Room 206-208. Agenda - https://www.gencourt.state.nh.us/house/schedule/eventDetails.aspx?event=6981&et=1

 

HB 1280 was prefiled on 11/19/2021 to be introduced on 1/5/2022 and referred to the House Children and Family Law Committee. This bill is sponsored by Representative Roy.


HB 1280 prohibits parents’ rights from being terminated due to refusing to vaccinate their children, stating:


“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 sued as grounds to terminate parental rights as the ultimate decision regarding the health care of children resides with the parents."


https://gencourt.state.nh.us/bill_status/legacy/bs2016/bill_docket.aspx?lsr=2795&sy=2022&sortoption=&txtsessionyear=2022&txtbillnumber=hb1280 - text, status, and history of HB 1280.