Revision: Jan. 22, 2009, midnight
HB 504 – AS INTRODUCED
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.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
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 New Paragraph; Guardianship of Minors; Conduct of Hearing; Criteria for Termination of Guardianship. Amend RSA 463:8 by inserting after paragraph VII the following new paragraph:
VII-a. If a parent consents to the appointment of a guardian, 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.
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.
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.