CHAPTER 53
HB 629-FN - FINAL VERSION
05/11/2017 1616s
18May2017... 1877-EBA
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 and making an appropriation to the department of health and human services.
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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I. Requires the department of health and human services 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.
V. Makes an additional appropriation to the department of health and human services to address budget shortfalls for the fiscal year ending June 30, 2017.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05/11/2017 1616s
18May2017... 1877-EBA 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:
53:1 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 shall also post such information on the department's website.
53:2 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.
53:3 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.
53:4 Termination of Guardianship; Burden of Proof. Amend RSA 463:15, V 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.
53:5 Supplemental Appropriation; Department of Health and Human Services. The sum of $33,200,000 for the fiscal year ending June 30, 2017 is hereby appropriated to the department of health and human services, along with any available matching federal funds, for the purposes of addressing estimated budget shortfalls for such fiscal year. This sum shall be in addition to any other funds appropriated to the department of health and human services. The governor is authorized to draw a warrant for said sum out of any money in treasury not otherwise appropriated.
I. Section 5 of this act shall take effect upon its passage.
II. The remainder of this act shall take effect January 1, 2018.
Approved: May 19, 2017
Effective Date:
I. Section 5 effective May 19, 2017
II. Remainder effective January 1, 2018
| Date | Body | Type |
|---|---|---|
| Feb. 14, 2017 | House | Hearing |
| Feb. 22, 2017 | House | Exec Session |
| March 8, 2017 | House | Floor Vote |
| March 21, 2017 | Senate | Hearing |
| April 20, 2017 | Senate | Floor Vote |
| May 11, 2017 | Senate | Floor Vote |
May 19, 2017: Signed by Governor Sununu 05/19/2017; Chapter 53; I. Sec. 5 eff. 5/19/17 ; II. Rem. eff. 1/1/18
May 18, 2017: Enrolled 05/18/2017 HJ 16 P. 8
May 18, 2017: Enrolled (In recess 05/18/2017); SJ 18
May 18, 2017: Enrolled Bill Amendment # 2017-1877e: AA VV 05/18/2017 HJ 16 P. 9
May 18, 2017: Sen. Avard Moved Adoption of Enrolled Bill Amendment # 2017-1877e, AA, VV; 05/18/2017; SJ 18
May 18, 2017: House Concurs with Senate Amendment 1616s (Rep. K. Rice): MA RC 283-32 05/18/2017 HJ 16 P. 4
May 11, 2017: Ought to Pass with Amendment 2017-1616s, MA, VV; OT3rdg; 05/11/2017; SJ 16
May 11, 2017: Committee Amendment # 2017-1616s, AA, VV; 05/11/2017; SJ 16
May 11, 2017: Without Objection, Rule 3-17 is Suspended to Allow Non-Germane Amendment # 2017-1616s; 2/3 Necessary, MA; 05/11/2017; SJ 16
May 11, 2017: Chair Ruled Sections of Amendment # 2017-1616s Non-Germane, 05/11/2017; SJ 16
May 11, 2017: Committee Report: Ought to Pass with Amendment # 2017-1616s, 05/11/2017; SC 22
April 20, 2017: Ought to Pass: MA, VV; Refer to Finance Rule 4-5; 04/20/2017; SJ 14
April 20, 2017: Committee Report: Ought to Pass, 04/20/2017; Vote 5-0; CC; SC 19
March 21, 2017: Hearing: 03/21/2017, Room 100, SH, 09:45 am; SC 15
March 9, 2017: Introduced 03/09/2017 and Referred to Judiciary; SJ 9
March 8, 2017: Ought to Pass: MA VV 03/08/2017 HJ 9 P. 8
March 8, 2017: Committee Report: Ought to Pass for 03/08/2017 (Vote 12-0; CC) HC 14 P. 4
Feb. 22, 2017: Executive Session: 02/22/2017 LOB 206
Feb. 14, 2017: Public Hearing: 02/14/2017 03:00 PM LOB 206
Jan. 5, 2017: Introduced 01/05/2017 and referred to Children and Family Law HJ 3 P. 22