HB 304 – AS AMENDED BY THE HOUSE
27Mar2007… 0879h
2007 SESSION
05/10
HOUSE BILL 304
AN ACT relative to the criteria under which guardianship over a minor is granted.
SPONSORS: Rep. E. Anderson, Merr 13; Rep. DeStefano, Merr 13; Rep. Davis, Merr 7
COMMITTEE: Children and Family Law
This bill provides that a public school district may object to a guardianship request on the grounds that the sole or primary motive for the guardianship request is to facilitate the minor’s participation in athletic activities. The public school district responsible for educating a minor who is granted guardianship in such cases may assess tuition to the petitioner.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
27Mar2007… 0879h
07-0882
05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to the criteria under which guardianship over a minor is granted.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Residency and School Attendance; Guardianship. Amend RSA 193:12, II(a)(3) to read as follows:
(3) If the minor is in the custody of a legal guardian appointed by a New Hampshire court of competent jurisdiction or a court of competent jurisdiction in another state, territory, or country, legal residence is where the guardian resides. If the department of health and human services has been appointed legal guardian, the residence of the minor is where the child is placed by the department or the court. Legal guardianship shall not be appointed solely for the purpose of allowing a pupil to attend school in a district other than the district of residence of the minor’s parent or parents, or primarily for the purpose of facilitating a minor’s participation in athletic activities as provided in RSA 463:8, III(d). Whenever a petition for guardianship or legal custody is filed in a court of competent jurisdiction on behalf of a relative of a child, other than a parent, the child shall be permitted to attend school in the district in which the relative of the child resides pending a court determination relative to custody or guardianship.
2 New Subparagraph; Guardianship of Minors and Estates of Minors; Notice. Amend RSA 463:6, I by inserting after subparagraph (f) the following new paragraph:
(g) The superintendent of the school administrative unit in the city or town in which the person nominated in the petition to be guardian resides.
3 New Subparagraph; Guardianship of Minors and Estates of Minors; Conduct of Hearing. Amend RSA 463:8, III by inserting after subparagraph (c) the following new subparagraph:
(d) A public school district which would receive a minor pursuant to a guardianship granted under this subparagraph may object to the guardianship request on the grounds that the sole or primary motive for the guardianship request is to facilitate the minor’s participation in athletic activities. The public school district responsible for educating a minor who is granted guardianship under this subparagraph may assess tuition to the petitioner.
4 Effective Date. This act shall take effect 60 days after its passage.