PETITION #3 grievance of Michael Brewster.  (Report filed 8/8/12)

Grievance Founded with Recommendations.

Committee Findings:

The Redress of Grievance Committee listened to the testimony of the Petitioner describing his ordeals parenting his child under difficult circumstances and finally having that child removed from his custody. The Committee looked at his supporting documents and finds credible that he lost custody of his daughter to the state without clear determinations and, for over twenty years, though he has requested them repeatedly, has been unable to obtain complete documents from the state that might describe the allegations  against him which caused his loss of custody of his child— or any single document that showed the cause. The Petitioner's loss of the companionship of his daughter without the ability to know the exact allegations against him is contrary to Part 1 Article 15 of the New Hampshire Constitution as parenting has been recognized by the Supreme Court of New Hampshire as a fundamental liberty.  At one point he successfully moved the court to receive a "full and complete copy" of his file.  As a result he was allowed a single day's time only, to review a voluminous stack of documents but that, too, according to the Petitioner proved incomplete and he was charged a remarkable rate of 75 cents for the pages he had time to copy. He also made custody payments regarding which he requested copies of records showing how they were disbursed and here, too, was refused. His case was inexplicably removed to a court in another county contrary to our norms and common sense making his defense and court actions extremely difficult. The Redress of Grievance Committee notes that Article 8 of our State Constitution provides that our magistrates be accountable at all times and recommends that all extant records including anything pertaining to charges leading up to the removal of the child, particularly the sealed Guardian Ad Litem report from 1987 and all extant records regarding his child support payments be subpoenaed by the House on the Petitioner's behalf for him to review and that the House provide copies for him.

The Committee further recommends that the laws of the state be amended:

1. 1. In a manner similar to that provided in 2012's House Bill 415 to provide Division for Children, Youth and Families (DCYF) case records and knowledge of third-party reports to any parent of a child who is subject of a petition pursuant to 169-C;

2. 2. To provide either the payee or the payor in a child support case a full copy of the account within 30 days of a request;

3. 3. To create a fund to award payments for agency non-compliance with statutes to the individual affected. 

The Committee finally also recommends that the General Court undertake a study of court and agency document retention with a view to making files permanently available electronically and how to issue copies of requested records at reduced costs to those with financial hardships.

Vote 7-3.

Rep. Paul Ingbretson for the Committee

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