Cited by

[¶22] “When dealing with legislative activity in the area of fundamental rights this court has applied the strict scrutiny test.” State v. Robert H., 118 N.H. 713, 716 (1978), overruled on other grounds by In re Craig T., 147 N.H. 739, 744-45 (2002).

have recognized that the loss of one’s children can be viewed as a sanction more severe than imprisonment.” In re Noah W., 148 N.H. 632, 636 (2002); see also State v. Robert H., 118 N.H. 713, 716 (1978) (“The permanent termination of the rights of parents over their children is even more final than involuntary commitment or delinquency proceedings.”), overruled on other grounds by In re Craig T., 147 N.H. 739, 10 744-45 (2002)).

12 Almost forty years ago, we recognized that “[t]he role of parents in the life of a family has attained the status of a fundamental human right and liberty.” State v. Robert H., 118 N.H. 713, 715 (1978), overruled in part on other grounds by In re Craig T., 147 N.H. 739, 744-45 (2002).

In re Juvenile 2003-195, 150 N.H. 644, 648-49 (2004) (upholding determination that father failed to correct conditions leading to neglect finding when he did not comply with consent decree in abuse/neglect case); In re Craig T., 147 N.H. 739, 745-48 (2002) (upholding trial court’s finding that mother failed to correct the conditions leading to the neglect and abuse findings when she failed to comply with the court’s dispositional orders).

State v. Robert H., 118 N.H. 713, 718 (1978), overruled, on other grounds by In re Craig T., 147 N.H. 739 (2002).

In re Diana P., 120 N.H. 791, 796 (1980) (noting that a few weeks would not be long enough to establish a “psychological family”), overruled on other grounds by In re Craig T., 147 N.H. 739 (2002); In the Matter of R.A., 153 N.H. at 111 (Nadeau and Galway, JJ., concurring in part and dissenting in part) (indicating concern that prohibiting custody awards to grandparents as against a fit parent “would require that a child raised for years by a grandparent” would need to be turned over to a fit pa

See, e.g., In re Father 2006-360, 155 N.H. at 95; In the Matter of Jeffrey G. & Janette P., 153 N.H. 200, 203 (2006); Brittany S., 147 N.H. at 491; Petition of Kerry D., 144 N.H. 146, 149 (1999); State v. Robert H., 118 N.H. 713, 716 (1978), reversed on other grounds by In re Craig T., 147 N.H. 739, 744-45 (2002).

In re Juvenile 2006-674, 156 N.H. 1, 4 (2007); see RSA 170-C:5, III; In re Craig T., 147 N.H. 739, 743-45 (2002) (parental rights may be terminated when parent fails to correct conditions leading to neglect finding within twelve months of the finding despite reasonable efforts by State under direction of district court to assist in rectifying conditions); RSA 490-D:2, VII (2010) (authorizing family division to exe

1993) (same); State v. Robert H., 118 N.H. 713 (1978) (parent challenging termination of parental rights), overruled in part on other grounds by In re Craig T., 147 N.H. 739, 744-45 (2002).

Citing State v. Robert H., 118 N.H. 713, 718 (1978), overruled in part on other grounds by In re Craig T., 147 N.H. 739, 744-45 (2002), In re Doe, 123 N.H. at 643, and In re Kristopher B., 125 N.H. at 684-85, she contends that the probate court erred, stating: “[M]erely having the condition of mental deficiency] is an insufficient basis to terminate her parental rights without evidence of a link between those deficiencies and some sp

The elements of RSA 170-C:5, III must be proven “beyond a reasonable doubt.” State v. Robert H., 118 N.H. 713, 716 (1978), overruled in part on other grounds by In re Craig T., 147 N.H. 739, 744-45 (2002).

denied, 452 U.S. 964 (1981), overruled on other grounds by In re Craig T, 147 N.H. 739 (2002).

denied, 452 U.S. 964 (1981), overruled on other grounds by In re Craig T., 147 N.H. 739, 744-45 (2002).

denied, 452 U.S. 964 (1981), overruled, on other grounds by In re Craig T., 147 N.H. 739 (2002), we interpreted the term in loco parentis to determine whether foster parents could bring a proceeding to terminate the rights of the natural parents, thus allowing them to adopt the child.

denied, 452 U.S. 964 (1981), overruled on other grounds by In re *549 Craig T., 147 N.H. 739, 744-45 (2002); see also In re Shelby R., 148 N.H. 237,242 (2002) (stepparents who demonstrate a full commitment to raising and caring for their stepchildren are generally charged with the rights and duties attributed to natural parents).

State v. Robert H., 118 N.H. 713, 716 (1978), overruled on other grounds by In re Craig T, 147 N.H. 739, 744-45 (2002).

In re Craig T., 147 N.H. 739, 745, (2002) (overruling Robert H. to extent it required that the “every effort” standard be applied by probate court).