HB629 (2017) Detail

(New Title) 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.


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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AMENDED ANALYSIS

 

This bill:

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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

 

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.

 

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.

53:6  Effective Date.

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

 

 

Links

HB629 at GenCourtMobile

Action Dates

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

Bill Text Revisions

HB629 Revision: 981 Date: May 22, 2017, 9:11 a.m.
HB629 Revision: 982 Date: May 18, 2017, 2:23 p.m.
HB629 Revision: 983 Date: May 11, 2017, 4:28 p.m.
HB629 Revision: 984 Date: April 19, 2017, 11:35 a.m.

Docket

Date Status
Jan. 5, 2017 Introduced 01/05/2017 and referred to Children and Family Law HJ 3 P. 22
Feb. 14, 2017 Public Hearing: 02/14/2017 03:00 PM LOB 206
Feb. 22, 2017 Executive Session: 02/22/2017 LOB 206
March 8, 2017 Committee Report: Ought to Pass for 03/08/2017 (Vote 12-0; CC) HC 14 P. 4
March 8, 2017 Ought to Pass: MA VV 03/08/2017 HJ 9 P. 8
March 9, 2017 Introduced 03/09/2017 and Referred to Judiciary; SJ 9
March 21, 2017 Hearing: 03/21/2017, Room 100, SH, 09:45 am; SC 15
April 20, 2017 Committee Report: Ought to Pass, 04/20/2017; Vote 5-0; CC; SC 19
April 20, 2017 Ought to Pass: MA, VV; Refer to Finance Rule 4-5; 04/20/2017; SJ 14
May 11, 2017 Committee Report: Ought to Pass with Amendment # 2017-1616s, 05/11/2017; SC 22
May 11, 2017 Chair Ruled Sections of Amendment # 2017-1616s Non-Germane, 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 Committee Amendment # 2017-1616s, AA, VV; 05/11/2017; SJ 16
May 11, 2017 Ought to Pass with Amendment 2017-1616s, MA, VV; OT3rdg; 05/11/2017; SJ 16
May 18, 2017 House Concurs with Senate Amendment 1616s (Rep. K. Rice): MA RC 283-32 05/18/2017 HJ 16 P. 4
May 18, 2017 Sen. Avard Moved Adoption of Enrolled Bill Amendment # 2017-1877e, AA, VV; 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 Enrolled (In recess 05/18/2017); SJ 18
May 18, 2017 Enrolled 05/18/2017 HJ 16 P. 8
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