HB 504 – AS AMENDED BY THE HOUSE
24Mar2009… 0920h
2009 SESSION
05/04
HOUSE BILL 504
AN ACT relative to the termination of guardianship of a minor.
SPONSORS: Rep. Wendelboe, Belk 1
COMMITTEE: Children and Family Law
This bill clarifies the standard for termination of guardianship of the minor, permits the parent to specify circumstances under which a voluntary guardianship may be terminated, and requires the parties to consent to waive the annual review of the guardianship.
The bill also provides that nothing regarding the process of terminating guardianship shall preclude the court from awarding supplemental guardianship in appropriate cases.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24Mar2009… 0920h
09-0698
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to the termination of guardianship of a minor.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Guardianship of Minors; Conduct of Hearing; Criteria for Termination of Guardianship. Amend the introductory paragraph of RSA 463:8, IX to read as follows:
IX. If a parent consents to the appointment of a guardianship, such consent shall be executed by an instrument in writing, signed by the parent, in the presence and with the approval of the court of the county in which the case is pending. The instrument providing such consent may include the circumstances under which guardianship shall no longer be necessary, at which time the parent may petition the court to terminate the guardianship upon a showing that the criteria for termination have been met. The court may designate a person or another court to take the parent's consent on the court's behalf for good cause shown. The court, or its designee, shall also question the consenting parent regarding his or her understanding and knowledge of the nature and consequences if the petition is granted; and to insure that the parent understands he or she has the right to contest the petition. If the court, based on its own determination or its duly certified designee, finds:
2 Termination of Guardianship. Amend RSA 463:15, V to read as follows:
V. The 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]. Guardianship shall be terminated if the moving party demonstrates by a preponderance of the evidence that the circumstances creating the need for the guardianship are no longer present or that the criteria for termination of guardianship as stated in the original order have been met. Nothing in this section shall preclude the court from awarding supplemental guardianship based on a relationship that has been maintained for an extended period of time if the court determines that the supplemental guardianship is in the best interest of the minor pursuant to RSA 463:8, III.
3 Periodic Court Review. Amend RSA 463:17 to read as follows:
463:17 Periodic Court Review. The status of all minors for whom guardianship or co-guardianship has been granted shall be reviewed by the court at 6, 12, and 24 months and annually thereafter, except that the court may waive (1) any or all reviews in cases in which a parent or the parents are co-guardians and (2) any or all reviews in all other cases after the 24-month review upon the consent of the parties and good cause shown. The guardian shall file a report with the court on or before each review date. The parent may file a statement or report with the court on or before each review date. The court may also, as part of the review, conduct a hearing on its own motion, or upon the request of a parent or guardian who seeks to substantially change the existing orders [upon a showing by the parent that he or she has a reasonable likelihood of prevailing, if allowed a hearing]. If termination of the guardianship is sought as part of the review proceeding, the burdens and standards of proof set forth in RSA 463:15 shall apply. Failure of any party to appear at any hearing held under this section without good cause, shall not cause the hearing to be continued.
4 Effective Date. This act shall take effect January 1, 2010.