Bill Text - SB143 (2017)

(New Title) relative to court requests for documents in conjunction with petitions for guardianship of a minor and guardianship of an incapacitated person.


Revision: May 10, 2017, 9:39 a.m.

CHAPTER 39

SB 143 - FINAL VERSION

 

03/16/2017   0583s

2017 SESSION

17-0952

09/04

 

SENATE BILL 143

 

AN ACT relative to court requests for documents in conjunction with petitions for guardianship of a minor and guardianship of an incapacitated person.

 

SPONSORS: Sen. Lasky, Dist 13; Sen. Carson, Dist 14; Sen. Hennessey, Dist 5; Sen. Gannon, Dist 23; Rep. Wall, Straf. 6; Rep. Keans, Straf. 23; Rep. Berch, Ches. 1

 

COMMITTEE: Executive Departments and Administration

 

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AMENDED ANALYSIS

 

This bill authorizes a court to request and receive a copy of the criminal conviction record of a proposed guardian and any household member who has provided authorization, in conjunction with a petition for guardianship of a minor pursuant to RSA 463 or a petition for guardianship of an incapacitated person pursuant to RSA 464-A.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/16/2017   0583s 17-0952

09/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to court requests for documents in conjunction with petitions for guardianship of a minor and guardianship of an incapacitated person.

 

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

 

39:1  State Police; Criminal Records.  Amend RSA 106-B:14, I(c) to read as follows:

(c)  Except as provided in subparagraph (f), any individual or any public or private agency may request and receive a copy of the criminal conviction record of another who has provided authorization in writing, duly signed and notarized, explicitly allowing the requestor to receive such information.

39:2  New Subparagraph; State Police; Criminal Records.  Amend RSA 106-B:14, I by inserting after subparagraph (e) the following new subparagraph:

(f)  A court may request and receive a copy of the criminal conviction record of a proposed guardian and any household member, in conjunction with a petition for guardianship of a minor pursuant to RSA 463 or a petition for guardianship of an incapacitated person pursuant to RSA 464-A, who has provided a signed authorization electronically or otherwise under the penalty of perjury and the authorization document is accompanied by a statement under the electronic signature stating "the penalty for perjury may include a fine or imprisonment or both."

39:3  Child Protection Act; Central Registry.  Amend RSA 169-C:35, VI to read as follows:

VI.  Upon receipt of a written request from a court in conjunction with a petition for guardianship of a minor pursuant to RSA 463 or a petition for guardianship of an incapacitated person pursuant to RSA 464-A, or from another state's child welfare agency or from a private adoption agency that is licensed or certified in another state to check the central registry established under this section for information on a prospective foster or adoptive parent or any other adult living in the home of such a prospective foster or adoptive parent, the department shall conduct the requested check and shall provide the requesting court, state, or private adoption agency with the results of the check along with such additional information from the department's case records as the department deems necessary for the requesting court, state, or private adoption agency to be able to evaluate the results.

39:4  Effective Date.  This act shall take effect 60 days after its passage.

Approved: May 09, 2017

Effective Date: July 08, 2017