SB 459-FN - AS AMENDED BY THE HOUSE
04/11/2024 1463s
04/11/2024 1471s
9May2024... 1759h
2024 SESSION
24-3005
05/08
SENATE BILL 459-FN
SPONSORS: Sen. Carson, Dist 14; Sen. Whitley, Dist 15; Rep. M. Pearson, Rock. 34; Rep. Cordelli, Carr. 7
COMMITTEE: Judiciary
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AMENDED ANALYSIS
This bill:
I. Establishes a committee to study the child protection act.
II. Provides that parties in a family court proceeding shall have the right to present evidence and testimony.
III. Adds restrictions to the circumstances for an income assignment.
IV. Authorizes the use of parenting coordinators in high-conflict family court cases and sets qualifications and requirements for those acting as a parenting coordinator.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
04/11/2024 1463s
04/11/2024 1471s
9May2024... 1759h 24-3005
05/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Committee Established. There is established a committee to study the child protection act.
2 Membership and Compensation.
I. The members of the committee shall be as follows:
(a) Two members of the senate, one from the majority and one from the minority, appointed by the president of the senate.
(b) Three members of the house of representatives, appointed by the speaker of the house of representatives.
II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
3 Duties. The committee shall:
I. Study the definitions under the child protection act.
II. Study circumstances creating a rebuttable presumption of harm under RSA 169-C:12-f and prospective repeal of the section on July 1, 2024, pursuant to 2020, 26:56.
III. Study the expansion of the child abuse reporting requirement to include health care providers who treat a child under 13 years of age for a sexually transmitted disease.
IV. Propose any legislation the committee deems appropriate as a result of its study.
4 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named senate member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Three members of the committee shall constitute a quorum.
5 Report. The committee shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2024.
6 New Section; Judicial Branch Family Division; Evidence and Testimony. Amend RSA 490-D by inserting after section 3 the following new section:
490-D:3-a Evidence and Testimony. If the court admits evidence or testimony over the objection of one of the parties, or the court chooses not to admit evidence or testimony offered by one of the parties, the court shall note in the record the reason for its decision.
7 New Paragraph; Assignment of Income; Notice to Parties. Amend RSA 458-B:2 by inserting after paragraph I the following new paragraph:
I-a. At the time of the hearing the court shall notify each party that their income assignment of wages for child support will be automatic under RSA 458-B:2 unless both parties come to an agreement under another arraignment.
8 New Paragraph; Income Assignment. Amend RSA 458-B:3 by inserting after paragraph I the following new paragraph:
I-a. The circuit court family division shall develop a standard form, which may be an addendum to the child support calculation form, to be presented prior to the temporary hearing for waiving of garnishment of wages, with such form containing the following:
(a) The details of when garnishment of wages will become mandatory.
(b) Allowing for both parties to detail their preferred form of payment arrangement.
(c) Informing the payer that record keeping to prove payments in the event of a discrepancy is their responsibility.
(d) Informing the payee how to report missed payments by the payer.
9 New Section; Domestic Relations; Parental Rights and Responsibilities; Parenting Coordinators. Amend RSA 461-A by inserting after section 6 the following new section:
461-A:6-a Parenting Coordinators.
I. The court may appoint a parenting coordinator in high-conflict cases, upon agreement by both parties, to assist the parties in creating agreed-upon structured guidelines for implementing their parenting plan, to improve communication between the parties, to assist in minimizing conflict, and/or to develop a plan to deal with disputes.
II. A list of parenting coordinators shall be maintained by the circuit court. To be eligible to be included on the circuit court's list of parenting coordinators, a person must meet all of the following requirements:
(a) Hold a bachelor's, master's, or doctorate degree in psychology, law, social work, counseling, or be a family practitioner in medicine.
(b) Have at least 3 years of related professional post-degree experience.
(c) Hold a current New Hampshire license in the parenting coordinator's area of practice.
(d) Participate in 24 hours of training in fields related to the developmental stages of children, the dynamics of high conflict families, the stages and effects of divorce, problem solving techniques, mediation, domestic violence, and legal issues.
III. Only upon agreement by both parties, the trial court may, at its discretion, appoint a parenting coordinator not meeting the requirements outlined in subparagraphs II(a)-(c).
IV. The appointed parenting coordinator shall disclose to each party, the attorneys of record, and the court any familial, financial, or social relationship that the appointed person has or has had with the child, either party, the attorneys of record, or the judicial officer and, if a relationship exists, the nature of the relationship. A party shall have 7 days from the date of the disclosure to object to the appointment based upon information contained in the disclosure. If a party objects to the appointment, the court shall appoint a different person within 7 days after the date of the party's objection. If no party timely objects to the appointment, then the appointment shall be deemed confirmed.
V. Fees and costs for a parenting coordinator shall be paid by the parties equally, unless the court enters an order directing otherwise. The parenting coordinator may recommend that one party pay all or more than half of the fees and costs based upon a party's failure to work in good faith with the parenting coordinator, the other party, or both, or for other good cause. For indigent parties, the court may order that funds be used from the mediation and arbitration fund, provided in RSA 490-E:4.
VI. Parenting coordinators shall file a report with the court as soon as practicable upon matters submitted to them, only upon signed agreement by each party. Absent the agreement by both parties, the parenting coordinator shall not testify nor produce records regarding any statement, conduct, or decision that occurred during the parenting coordinator's appointment to the same extent as a family mediator of this state acting in an official capacity, except when a parenting coordinator has material information alleging abuse or sexual abuse or neglect as defined by RSA 169-C or RSA 173-B.
VII. A parenting coordinator appointed by the court pursuant to this section shall be immune from civil liability in any claim for injury that arises out of an act or omission of the parenting coordinator occurring during the performance of his or her duties or during the performance of any act that a reasonable parenting coordinator would believe was within the scope of his or her duties, unless the act or omission causing the injury was willful and wanton. Nothing in this paragraph shall be construed to bar a party from asserting a claim related to the reasonableness or accuracy of any fee charged or time billed by a parenting coordinator.
VIII. The supreme court shall establish rules and take such action as necessary to effectuate the purpose of this section, including a regulation of fees.
I. Sections 7-9 of this act shall take effect January 1, 2025.
II. Section 6 of this act shall take effect 60 days after its passage.
III. The remainder of this act shall take effect upon its passage.
24-3005
Amended 4/23/24
SB 459-FN- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2024-1471s)
AN ACT establishing a committee to study the child protection act.
FISCAL IMPACT: [ ] State [ ] County [ ] Local [ X ] None
METHODOLOGY:
The Office of Legislative Budget Assistant states this bill, as amended by the Senate, will have no impact on state, county or local expenditures or revenue.
AGENCIES CONTACTED:
None
| Date | Amendment |
|---|---|
| April 9, 2024 | 2024-1463s |
| April 11, 2024 | 2024-1471s |
| May 1, 2024 | 2024-1688h |
| May 6, 2024 | 2024-1759h |
| Date | Body | Type |
|---|---|---|
| Jan. 25, 2024 | Senate | Hearing |
| April 4, 2024 | Senate | Floor Vote |
| April 11, 2024 | Senate | Floor Vote |
| April 23, 2024 | House | Hearing |
| April 30, 2024 | House | Exec Session |
| April 30, 2024 | House | Floor Vote |
May 30, 2024: Sen. Carson Moved Nonconcur with the House Amendment, MA, VV; 05/30/2024; SJ 16
May 9, 2024: Ought to Pass with Amendment 2024-1759h: MA RC 270-94 05/09/2024 HJ 13 P. 13
May 9, 2024: FLAM # 2024-1759h (NT) (Rep. M. Pearson): AA VV 05/09/2024 HJ 13 P. 12
May 9, 2024: Amendment # 2024-1688h: AF VV 05/09/2024 HJ 13 P. 10
May 1, 2024: Committee Report: Ought to Pass with Amendment # 2024-1688h (NT) 04/30/2024 (Vote 13-0; RC)
April 24, 2024: Executive Session: 04/30/2024 10:00 am LOB 206-208
April 16, 2024: Public Hearing: 04/23/2024 11:00 am LOB 206-208
April 12, 2024: Introduced 04/12/2024 and referred to Children and Family Law HJ 11 P. 103
April 11, 2024: Ought to Pass with Amendments 2024-1463s and 2024-1471s, MA, VV; OT3rdg; 04/11/2024; SJ 9
April 11, 2024: Sen. Carson Floor Amendment # 2024-1471s, AA, VV; 04/11/2024; SJ 9
April 11, 2024: Committee Amendment # 2024-1463s, AA, VV; 04/11/2024; SJ 9
April 9, 2024: Committee Report: Ought to Pass with Amendment # 2024-1463s, 04/11/2024, Vote 7-0; SC 14A
April 5, 2024: Ought to Pass: MA, VV; Refer to Finance Rule 4-5; 04/05/2024; SJ 8
March 27, 2024: Committee Report: Ought to Pass, 04/05/2024, Vote 4-1; SC 13
Jan. 17, 2024: Hearing: 01/25/2024, Room 100, SH, 09:45 am; SC 4
Dec. 12, 2023: To Be Introduced 01/03/2024 and Referred to Judiciary; SJ 1