Bill Text: NH HB629 | 2017 | Regular Session | Introduced
Bill Title: Establishing a preference for the appointment of the child's grandparent as guardian of the minor in certain cases and making an appropriation to the department of health and human services.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-05-22 - Signed by Governor Sununu 05/19/2017; Chapter 53; I. Sec. 5 eff. 5/19/17 ; II. Rem. eff. 1/1/18 [HB629 Detail]
Download: New_Hampshire-2017-HB629-Introduced.html
HB 629-FN - AS INTRODUCED
2017 SESSION
17-0291
05/09
HOUSE BILL 629-FN
AN ACT establishing a preference for the appointment of the child's grandparent as guardian of the minor in certain cases.
SPONSORS: Rep. M. MacKay, Hills. 30; Rep. LeBrun, Hills. 32; Rep. J. MacKay, Merr. 14; Rep. Cote, Hills. 31; Rep. Rosenwald, Hills. 30; Rep. Notter, Hills. 21; Rep. Walz, Merr. 23; Rep. M. McCarthy, Hills. 29; Rep. Baldasaro, Rock. 5; Rep. Seidel, Hills. 28; Sen. D'Allesandro, Dist 20; Sen. Lasky, Dist 13; Sen. Avard, Dist 12
COMMITTEE: Children and Family Law
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ANALYSIS
This bill:
I. Requires the department of health and human service to make certain benefit eligibility information available on the department's website and to grandparents seeking guardianship of their grandchild.
II. Provides that in cases in which a parent objects to a grandparent's petition for guardianship brought as a result of the parent's substance abuse or dependence, the burden of proof shall be on the petitioner to demonstrate by a preponderance of evidence that guardianship is in the best interest of the minor.
III. Establishes a preference for the appointment of the minor's grandparent as guardian in cases in which guardianship is sought as the result of the parent's substance abuse or dependence.
IV. Provides that if a grandparent was granted guardianship as the result of the parent's substance abuse or dependence, the burden of proof in a proceeding to terminate guardianship shall be by a preponderance of the evidence and shall not shift to the guardian.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
17-0291
05/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seventeen
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Petition for Guardianship; Information Regarding Potential Benefit Eligibility. Amend RSA 463:5 by inserting after paragraph VI the following new paragraph:
VII. If the petition for guardianship was filed by the minor's grandparent, the court shall provide the grandparent with a brochure, prepared by the department of health and human services, describing potential benefits for which a child under guardianship may be eligible through the state of New Hampshire. The department of health and human services also shall post such information on the department's website.
2 Guardianship of Minors; Conduct of Hearing; Burden of Proof in Cases Where Guardianship is Sought by the Minor's Grandparent. Amend RSA 463:8, III(b) to read as follows:
(b) If a parent objects to the establishment of the guardianship of the person requested by a non-parent, the court shall set a date for the hearing specified in this section. Except as otherwise provided in this subparagraph, the burden of proof shall be on the petitioner to establish by clear and convincing evidence that the best interests of the minor require substitution or supplementation of parental care and supervision to provide for the essential physical and safety needs of the minor or to prevent specific, significant psychological harm to the minor. If guardianship is sought by the minor's grandparent as the result of the parent's substance abuse or dependence, the burden of proof shall be on the petitioner to establish by a preponderance of the evidence that a guardianship of the person is in the best interests of the minor.
3 New Paragraph; Guardianship of Minors and Estates of Minors; Appointment of Grandparents. Amend RSA 463:10 by inserting after paragraph IV the following new paragraph:
V. If a parent's substance abuse or dependence is the basis for the guardianship petition, the court shall give a preference to any grandparent of the minor who seeks appointment as guardian of the person or the estate, or both, for the minor.
4 Termination of Guardianship; Burden of Proof. Amend RSA 463:15 to read as follows:
V.(a) [The] Except as otherwise provided in subparagraph (b), guardianship of the person shall be terminated upon a showing, by a preponderance of the evidence, that substitution or supplementation of parental care and supervision is no longer necessary to provide for the essential physical and safety needs of the minor and termination of the guardianship will not adversely affect the minor's psychological well-being.
(b) In a proceeding to terminate a guardianship established by consent, the burden of proof shall shift to the guardian to demonstrate by clear and convincing evidence that substitution or supplementation of parental care and supervision is necessary to provide for the essential physical and safety needs of the minor and that termination of the guardianship will adversely affect the minor's psychological well being.
(c) Subparagraph (b) shall not apply if guardianship of the person was granted to a grandparent as the result of the parent's substance abuse or dependence. In such cases, the burden of proof shall be on the parent to demonstrate by a preponderance of the evidence that substitution or supplementation of parental care and supervision is no longer necessary to provide for the essential physical and safety needs of the minor and termination of the guardianship will not adversely affect the minor's psychological well-being.
5 Effective Date. This act shall take effect January 1, 2018.
17-0291
1/23/17
HB 629-FN- FISCAL NOTE
as introduced
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2018 | FY 2019 | FY 2020 | FY 2021 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
The Judicial Branch was originally contacted on January 4, 2017 and again on January 18, 2017 for a fiscal note worksheet, which the Branch has not provided as of January 23, 2017.
METHODOLOGY:
This bill creates a lower threshold for those cases in which a parent objects to a grandparent's petition for guardianship that was brought as a result of the parent's substance abuse or dependence. The Judicial Council assumes that by making it easier for certain guardianship petitions to prevail, this legislation could lead to an increase in cases. Such an increase would have an indeterminable impact on Judicial Council costs for representation in guardianship proceedings.
This bill requires the Department of Health and Human Services to develop a brochure for distribution by the courts describing potential benefits for which a child under guardianship may be eligible. The Department assumes it can develop said brochure in-house and estimates annually printing costs will be approximately $3,200 each year.
The Department of Justice states it is not involved in guardianship cases involving minors. Therefore, this bill will not impact its operating budget.
The New Hampshire Association of Counties states this bill will have no impact on county revenue or expenditures.
AGENCIES CONTACTED:
Judicial Council, Department of Health and Human Services, Judicial Branch, New Hampshire Association of Counties, and Department of Justice
