Bill Text - HB1118 (2022)

Relative to the determination of parental rights and responsibilities following the death of a child's parent or guardian.


Revision: Nov. 16, 2021, 4 p.m.

HB 1118  - AS INTRODUCED

 

 

2022 SESSION

22-2767

05/04

 

HOUSE BILL 1118

 

AN ACT relative to the determination of parental rights and responsibilities following the death of a child's parent or guardian.

 

SPONSORS: Rep. B. Griffin, Hills. 6

 

COMMITTEE: Children and Family Law

 

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ANALYSIS

 

This bill addresses the determination of parental rights and responsibilities following the death of a child's parent or guardian.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22-2767

05/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Two

 

AN ACT relative to the determination of parental rights and responsibilities following the death of a child's parent or guardian.

 

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

 

1  New Paragraph; Parental Rights and Responsibilities.  Amend RSA 461-A:6 by inserting after paragraph III the following new paragraph:

III-a.  In cases where the court is addressing temporary or permanent parental rights and responsibilities due to either the death of a parent or the death of a guardian who has served in that capacity for the child for at least 2 years, the court shall consider, as part of its determination as to the best interests of a child, the contact the child has had with the surviving parent and/or the wishes of the deceased guardian as provided in estate planning documents.  

2  New Paragraph; Guardianship of Minors and Estates of Minors; Ex Parte and Temporary Orders.  Amend RSA 463:7 by inserting after paragraph I the following new paragraph:

I-a.  In cases where the court is addressing temporary guardianship due to either the death of a parent or the death of a guardian who has served in that capacity for the child for at least 2 years, the court shall consider, as part of its determination as to the best interests of a child, the contact the child has had with the surviving parent and/or the wishes of the deceased guardian as provided in estate planning documents.

3  Effective Date.  This act shall take effect January 1, 2023.