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

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) 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