Parental Substance Use as Child Abuse - New Hampshire

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Citation: Rev. Stat. § 639-A:3

A person convicted of an offense under § 639-A:2 shall be guilty of a felony and, notwithstanding § 651:2, may be sentenced to imprisonment for not more than 5 years, a fine of up to $10,000, or both.

A prosecution or conviction under this chapter is not a bar to conviction of or punishment for any other crime committed by the defendant as part of the same conduct.

Citation: Rev. Stat. § 639-A:2

No person shall knowingly engage in any of the following activities in the presence of a child or vulnerable adult; in the residence of a child or an vulnerable adult; in a building, structure, conveyance, or outdoor location where a child or vulnerable adult might reasonably be expected to be present; within any drug-free school zone; in a room offered to the public for overnight accommodations; or in any multiple unit residential building:

  • Manufacturing or attempting to manufacture methamphetamine
  • Storing any chemical substance
  • Storing or disposing of any methamphetamine waste products 
  • Storing or disposing of any methamphetamine paraphernalia

No person shall knowingly cause or permit a child or vulnerable adult to inhale, be exposed to, have contact with, or ingest methamphetamine, a chemical substance, or methamphetamine paraphernalia.

No person shall, with the intent to engage in any prohibited conduct under the first paragraph above, knowingly cause or permit any child or vulnerable adult to buy or otherwise obtain methamphetamine paraphernalia.

Citation: Rev. Stat. § 639-A:4

Pursuant to § 169-C:6, a peace officer shall take into protective custody any child present in an area where any of the activities described in § 639-A:2 are taking place. Upon taking a child into protective custody, the peace officer shall follow the procedures outlined in § 169-C:6 and shall report the matter to the Department of Health and Human Services as a suspected incident of abuse or neglect under § 169-C:29. The department shall investigate the report in accordance with § 169-C:34 and shall, as part of its investigation, screen the child for possible health concerns related to exposure to methamphetamine.

If a peace officer does not take a child into protective custody under this section but has reason to believe that the child may have been exposed to methamphetamine, the peace office shall report the matter to the department as a suspected incident of abuse or neglect. The department shall investigate the report and may, as part of its investigation, screen the child for possible health concerns related to exposure to methamphetamine.