CHAPTER 309
SB 574 - FINAL VERSION
03/21/2024 0984s
06/13/2024 2216CofC
2024 SESSION
24-3116
09/05
SENATE BILL 574
AN ACT relative to the appointment of a temporary agent for a minor child or incapacitated person.
SPONSORS: Sen. Chandley, Dist 11; Sen. Watters, Dist 4; Sen. D'Allesandro, Dist 20; Sen. Soucy, Dist 18; Sen. Rosenwald, Dist 13; Sen. Altschiller, Dist 24; Rep. DiLorenzo, Rock. 10; Rep. N. Murphy, Hills. 12
COMMITTEE: Judiciary
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AMENDED ANALYSIS
This bill allows for parents or guardians to appoint temporary agents for periods not to exceed 60 days and to delegate parental rights to those agents, subject to certain exceptions and limitations.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/21/2024 0984s
06/13/2024 2216CofC 24-3116
09/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to the appointment of a temporary agent for a minor child or incapacitated person.
Be it Enacted by the Senate and House of Representatives in General Court convened:
309:1 New Section; Parental Rights and Responsibilities; Temporary Agent. Amend RSA 461-A by inserting after section 19 the following new section:
461-A:19-a Temporary Agent.
I. Except as provided in paragraph III, a parent or parents of a minor or a guardian or guardians of a minor or incapacitated person may appoint a temporary agent for a period not exceeding 60 days and may delegate to such agent any power that the parent or guardian has regarding the care, custody, or property of the minor child, ward, or incapacitated person, except the power to consent to marriage or the adoption of a minor.
II. Any delegation under this section shall be by a writing signed by, or at the direction of, the parent, parents, guardian, or guardians and attested by at least 2 witnesses 18 years of age or older, neither of whom is the temporary agent, together with the written acceptance of the temporary agent.
III.(a) A parent or guardian subject to a parenting plan may appoint a temporary agent of a minor if the appointment is effective only during that parent’s court-ordered parenting time and is in accordance with the parenting plan. If there is no parenting plan in place, a parent or guardian may not appoint a temporary agent of a minor if the minor has another living parent whose whereabouts are known and who is willing and able to safely provide care and custody for the minor, unless the non-appointing parent consents to the appointment in writing.
(b) Subparagraph (a) shall not apply in cases where the non-appointing parent is the subject of a protective order in the parenting plan, a domestic violence restraining order, order of protection, bail conditions prohibiting contact with the child or minors in general, or if the non-appointing parent is under investigation by the division for children, youth and families (DCYF), under investigation by law enforcement for crimes related to children, the subject of a DCYF safety plan, or involved in a case brought pursuant to RSA 169-C.
(c) A parent may not appoint a temporary agent if the appointing parent's parental rights have been terminated or if the parent has signed a voluntary surrender of parental rights. A parent or guardian may also not appoint a temporary agent when a court has ordered that the minor child be placed in the custody of a person other than the parent or guardian, or if the parent is under investigation by DCYF for child abuse or neglect and makes the appointment in an effort to avoid that investigation.
IV. Any delegation under this section may be revoked or amended by the appointing parent, parents, guardian, or guardians and delivered to all interested persons. The authority of the temporary agent may be limited or altered by the court.
309:2 Effective Date. This act shall take effect January 1, 2025.
Approved: July 26, 2024
Effective Date: January 01, 2025
| Date | Amendment |
|---|---|
| March 6, 2024 | 2024-0984s |
| May 8, 2024 | 2024-1853h |
| June 10, 2024 | 2024-2216CofC |
| Date | Body | Type |
|---|---|---|
| Feb. 1, 2024 | Senate | Hearing |
| March 21, 2024 | Senate | Floor Vote |
| April 23, 2024 | House | Hearing |
| April 30, 2024 | House | Exec Session |
| April 30, 2024 | House | Floor Vote |
| June 6, 2024 | House | Floor Vote |
| June 13, 2024 | House | Floor Vote |
| June 13, 2024 | Senate | Floor Vote |
July 30, 2024: Signed by the Governor on 07/26/2024; Chapter 0309; Effective 01/01/2025
July 11, 2024: Enrolled Adopted, VV, (In recess 06/13/2024); SJ 18
July 15, 2024: Enrolled (in recess of) 06/13/2024
July 15, 2024: Enrolled (in recess of) 06/13/2024 HJ 16 P. 51
July 11, 2024: Enrolled Adopted, VV, (In recess 06/13/2024); SJ 18
June 12, 2024: Conference Committee Report # 2024-2216c, Adopted, VV; 06/13/2024; SJ 17
June 13, 2024: Conference Committee Report 2024-2216c: Adopted, VV 06/13/2024 HJ 16 P. 16
June 6, 2024: Conference Committee Report # 2024-2216c Filed 06/06/2024; As Amended by the Senate HJ 15
June 6, 2024: Conferee Change: Rep. Doucette Replaces Rep. Ball 06/06/2024 HJ 15 P. 36
June 3, 2024: Committee of Conference Meeting: 06/03/2024, 11:00 a.m., Room 100, SH
June 4, 2024: ==CANCELLED== Committee of Conference Meeting: 06/04/2024, 01:00 pm, Room 100, SH
May 30, 2024: Speaker Appoints: Reps. M. Pearson, Ball, Long, Gibbons 05/30/2024 HJ 15 P. 29
May 30, 2024: House Accedes to Senate Request for CofC (Rep. M. Pearson): MA VV 05/30/2024 HJ 15 P. 28
May 30, 2024: President Appoints: Senators Gannon, Abbas, Chandley; 05/30/2024; SJ 16
May 30, 2024: Sen. Carson Moved Nonconcur with the House Amendment; Requests C of C, MA, VV; 05/30/2024; SJ 16
May 9, 2024: Ought to Pass with Amendment 2024-1853h: MA RC 352-7 05/09/2024 HJ 13 P. 64
May 9, 2024: FLAM # 2024-1853h (NT) (Rep. Post): AA DV 184-173 05/09/2024 HJ 13 P. 64
May 8, 2024: Removed from Consent (Reps. K. Perez, Kuttab, T. Mannion, Ankarberg, Post, Popovici-Muller, Wherry, Spillane, Ball, Cushman) 05/08/2024 HJ 12 P. 2
May 1, 2024: Committee Report: Ought to Pass 04/30/2024 (Vote 13-0; CC)
April 24, 2024: Executive Session: 04/30/2024 10:00 am LOB 206-208
April 16, 2024: Public Hearing: 04/23/2024 01:00 pm LOB 206-208
April 2, 2024: Introduced (in recess of) 03/28/2024 and referred to Children and Family Law HJ 10 P. 228
March 21, 2024: Ought to Pass with Amendment 2024-0984s, MA, VV; OT3rdg; 03/21/2024; SJ 7
March 21, 2024: Committee Amendment # 2024-0984s, AA, VV; 03/21/2024; SJ 7
March 12, 2024: Committee Report: Ought to Pass with Amendment #2024-0984s, 03/21/2024; Vote 5-0; CC; SC 11
Jan. 24, 2024: Hearing: 02/01/2024, Room 100, SH, 01:45 pm; SC 5
Dec. 14, 2023: To Be Introduced 01/03/2024 and Referred to Judiciary; SJ 1