Revision: Nov. 20, 2021, 11:43 a.m.
HB 1346 - AS INTRODUCED
2022 SESSION
22-2595.2
05/08
HOUSE BILL 1346
AN ACT establishing a commission to study the New Hampshire family court system.
SPONSORS: Rep. Gay, Rock. 8; Rep. Stapleton, Sull. 5; Rep. Rung, Hills. 21; Rep. McWilliams, Merr. 27; Rep. Harley, Rock. 20; Rep. Bernardy, Rock. 16; Rep. Wuelper, Straf. 3; Rep. Greeson, Graf. 16; Rep. Homola, Hills. 27; Rep. Woods, Merr. 23
COMMITTEE: Children and Family Law
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ANALYSIS
This bill establishes a commission to study the New Hampshire family court system.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22-2595.2
05/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
AN ACT establishing a commission to study the New Hampshire family court system.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Commission to Study the New Hampshire Family Court System. Amend RSA 490-D by inserting after section 15 the following new section:
490-D:16 Commission Established. There is established a commission to study the New Hampshire family court system.
I. The members of the commission shall be as follows:
(a) Two members of the house children and family law committee or other representatives who are interested in family court reform, appointed by the speaker of the house of representatives.
(b) Two members of the house health, human services and elderly affairs committee or other representatives who are interested in family court reform, appointed by the speaker of the house of representatives.
(c) Two members of the house judiciary committee, appointed by the speaker of the house of representatives.
(d) One member of the senate health and human services committee or another senator who is interested in family court reform, appointed by the president of the senate.
(e) Two domestic violence specialists with a minimum of 3 years of experience, who have worked at different crisis centers, have experience in different family courts, can describe crisis center policies and procedures, and can speak to types of cases without revealing individual cases, appointed by the governor.
(f) One division for children, youth and families employee who is experienced in family court, appointed by the commissioner of the department of health and human services.
(g) One member of the New Hampshire Bar Association with significant experience in family law and courts within the judicial branch family division, appointed by the governor.
(h) An attorney who is also a member of the Domestic Violence Emergency (DOVE) Project, appointed by the governor.
II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
III. The commission shall study parenting cases and decisions by courts within the judicial branch family division. The study shall include consideration of the following:
(a) Frequency of equally shared custody decisions.
(b) Acknowledgment and study of the effect of domestic abuse of a parent on children.
(c) Effect of frequent, repeated court filings on the financial support of children and their emotional health.
(d) Determination of the best way to educate court staff on the recognition of and appropriate legal response to domestic abuse in its many forms, from physical abuse and threats to financial withholding.
(e) Discussion of the trauma suffered by victims who are stalked by their abuser.
(f) The need for children to be permitted to speak for themselves at any age to the judge in chambers or in court.
(g) Guardian ad litem (GAL) training and responsibility, including (i) how to make sure GALs are not paid by a favored parent, (ii) how much equal time they should spend with each parent, and (iii) a minimum of how much time they should spend with the children.
IV. The commission shall hold monthly publicly noticed hearings to provide an opportunity for members of the public to testify about their personal or professional experience with the family court system. A minimum of 3 hours shall be allowed for public testimony, with the opportunity to submit written testimony to an email address created for the commission.
V. The commission may solicit information and testimony from any individual or entity the commission deems relevant to its study.
VI. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named house member with the second-named house member as alternate. The first meeting of the commission shall be held within 45 days of the effective date of this section. Six members of the commission shall constitute a quorum.
VII. The commission shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, the executive council, and the state library on or before November 1, 2023.
2 Repeal. RSA 490-D:16, relative to the commission to study the New Hampshire family court system, is repealed.
I. Section 2 of this act shall take effect November 1, 2023.
II. The remainder of this act shall take effect upon its passage.