Bill Text: NH HB600 | 2023 | Regular Session | Introduced
Bill Title: Relative to temporary orders for parental rights and responsibilities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-02-14 - Inexpedient to Legislate: Motion Adopted Voice Vote 02/14/2023 [HB600 Detail]
Download: New_Hampshire-2023-HB600-Introduced.html
HB 600-FN - AS INTRODUCED
2023 SESSION
23-0655
06/10
HOUSE BILL 600-FN
AN ACT relative to temporary orders for parental rights and responsibilities.
SPONSORS: Rep. Testerman, Merr. 3
COMMITTEE: Children and Family Law
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ANALYSIS
This bill requires courts to issue temporary orders concerning a minor child when petitioned to do so. This bill requires such temporary hearings to be held within 30 days of petition filing and temporary orders to be issued within 45 days.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23-0655
06/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to temporary orders for parental rights and responsibilities.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Parental Rights and Responsibilities; Temporary Orders. Amend the introductory paragraph RSA 461-A:8 to read as follows:
461-A:8 Temporary Orders. After the filing of a petition concerning a minor child under this chapter, the court [may] shall issue orders with such conditions and limitations as the court deems just. Temporary hearing orders shall be held within 30 days after the filing of a petition and any other temporary orders shall be ordered within 45 days. The orders may be issued ex parte. The orders may include the following:
2 Effective Date. This act shall take effect January 1, 2024.
23-0655
1/10/23
HB 600-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to temporary orders for parental rights and responsibilities.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2023 | FY 2024 | FY 2025 | FY 2026 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill, as introduced, as it is awaiting information from the Department of Health and Human Services. The Department was contacted on December 19, 2022 for a fiscal note worksheet.
METHODOLOGY:
This bill requires courts to issue temporary orders concerning a minor child when petitioned to do so. The bill requires such temporary hearings to be held within 30 days of petition filing and temporary orders to be issued within 45 days. The Judicial Branch provided the following information concerning the fiscal impact of this bill:
- Each year approximately 1,300-1,700 new parenting petitions are filed under RSA 461-A.
- When a parenting case is filed under RSA 461-A, the Branch makes an effort to bring the parties together to reach a voluntary resolution on temporary and final orders. This begins with First Appearance, the ability to meet with a case manager and to schedule mediation with the goal of avoiding an adversarial hearing.
- Not all cases are currently scheduled for a hearing if the parties are able to reach agreement on the terms of temporary orders.
- The Branch interprets the bill to direct the Court to hold a hearing on temporary orders in all cases within 30 days of the filing of a petition. The bill also provides that any other temporary orders shall be ordered within 45 days.
The requirement that a hearing be scheduled for all initial temporary orders would significantly increase the number of hearings held, limit the time for the parties to reach agreement without court intervention, and compress the time by which the hearing must be held. The Branch is unable to determine how many additional hearings would be held or the impact the compressed schedule would have on other mandatory hearings.
AGENCIES CONTACTED:
Department of Health and Human Services and Judicial Branch
