SB103 (2015) Detail

(New Title) relative to guardian ad litem reports and relative to the definition of incapacity for purposes of filing a guardianship petition.


CHAPTER 23

SB 103 – FINAL VERSION

03/05/2015 0499s

2015 SESSION

15-0979

05/09

SENATE BILL 103

AN ACT relative to guardian ad litem reports and relative to the definition of incapacity for purposes of filing a guardianship petition.

SPONSORS: Sen. Avard, Dist 12; Sen. Birdsell, Dist 19; Sen. Cataldo, Dist 6; Sen. Carson, Dist 14; Rep. Oligny, Rock 34; Rep. Itse, Rock 10; Rep. Burt, Hills 39; Rep. Baldasaro, Rock 5; Rep. K. Rice, Hills 37

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill:

I. Requires the parties to have access to the reports and recommendations of the guardian ad litem unless the court explicitly finds that such disclosure is not in the child’s best interest.

II. Clarifies the filing date of a petition for 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/05/2015 0499s

15-0979

05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fifteen

AN ACT relative to guardian ad litem reports and relative to the definition of incapacity for purposes of filing a guardianship petition.

Be it Enacted by the Senate and House of Representatives in General Court convened:

23:1 Parental Rights and Responsibilities; Guardian Ad Litem Reports. Amend RSA 461-A:16, III to read as follows:

III. Guardians ad litem shall respect communications between themselves and the child and shall disclose such information only [in accordance with applicable rules and,] as required by the court, in rendering a report with the guardian ad litem’s recommendations [or in an ex parte proceeding to enable the court to make an informed decision]. All parties to the case shall have access to, and receive a copy of, any report or recommendation made by the guardian ad litem unless the court explicitly finds that such disclosure is not in the child’s best interest. When the child’s ability to make adequately considered decisions in connection with the representation is impaired, whether because of minority, mental disability, or some other reason, the guardian ad litem shall be the holder of the privilege and shall have the authority to waive the privilege, but only if the guardian ad litem reasonably believes that the child cannot adequately act in the child’s own interest.

23:2 Guardians and Conservators; Definition of Incapacity; Petition Filing Date. Amend RSA 464-A:2, XI to read as follows:

XI. “Incapacity” means a legal, not a medical, disability and shall be measured by functional limitations. It shall be construed to mean or refer to any person who has suffered, is suffering or is likely to suffer substantial harm due to an inability to provide for his personal needs for food, clothing, shelter, health care or safety or an inability to manage his or her property or financial affairs. Inability to provide for personal needs or to manage property shall be evidenced by acts or occurrences, or statements which strongly indicate imminent acts or occurrences. All evidence of inability must have occurred within 6 months prior to the filing of the petition and at least one incidence of such behavior must have occurred within 20 days of the filing of the petition for guardianship. Evidence of such filing shall be the date the petition was mailed to the court, as evidenced by a receipt from the United States Postal Service or, if hand delivered, by the court’s date stamp on the petition. Isolated instances of simple negligence or improvidence, lack of resources or any act, occurrence or statement if that act, occurrence or statement is the product of an informed judgment shall not constitute evidence of inability to provide for personal needs or to manage property.

23:3 Effective Date. This act shall take effect upon its passage.

Approved: May 5, 2015

Effective Date: May 5, 2015