HB 1518-FN-LOCAL - AS AMENDED BY THE HOUSE

15Mar2022... 0892h

2022 SESSION

22-2466

07/04

HOUSE BILL 1518-FN-LOCAL

AN ACT relative to the requirements for appointed guardians.

SPONSORS: Rep. Belanger, Rock. 9

COMMITTEE: Children and Family Law

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AMENDED ANALYSIS

This bill establishes the requirement for guardians appointed by the court to receive a home visit within 60 days of their appointment to verify the safety and adequacy of the home for the minor and the consequences for failing to do so.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15Mar2022... 0892h 22-2466

07/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Two

AN ACT relative to the requirements for appointed guardians.

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

1  Guardianship of Minors and Estates of Minors; Periodic Court Review; Home Visit Required.  Amend RSA 463:17 to read as follows:

463:17  Periodic Court Review.  

I.  The status of all minors for whom guardianship or co-guardianship has been granted shall be reviewed by the court at 6, 12, and 24 months and annually thereafter, except that the court may waive (1) any or all reviews in cases in which a parent or the parents are co-guardians and (2) any or all reviews in all other cases after the 24-month review upon good cause shown.  The guardian shall file a report with the court on or before each review date.  The parent may file a statement or report with the court on or before each review date.  The court may also, as part of the review, conduct a hearing on its own motion, or upon the request of a parent or guardian who seeks to substantially change the existing orders upon a showing by the parent that he or she has a reasonable likelihood of prevailing, if allowed a hearing.  If termination of the guardianship is sought as part of the review proceeding, the burdens and standards of proof set forth in RSA 463:15 shall apply.  Failure of any party to appear at any hearing held under this section without good cause, shall not cause the hearing to be continued.

II.(a)  Every guardian appointed by the court under RSA 169-C or RSA 463 shall, within 60 days of the guardianship appointment, receive a home safety visit by a childcare agency (“agency”) approved and licensed by the department of health and human services. The home safety visit may be waived if the parent or parents give consent of the guardianship.  

(b)  The cost of the agency visit shall be paid for by the guardian.  The agency shall within 30 days, issue a report to the court and guardian, indicating the home is a safe environment for the minor child or if unsafe, list the unsafe issue or issues to be corrected.  Proof of the corrected issue or issues shall be submitted by the guardian to the court and agency within 30 days of the date of the agency report.  

(c)  In the event the guardian fails to remedy safety issues as referenced in subparagraph b), the agency shall promptly notify the court and the guardian for appropriate judicial action.  Failure of any party to comply with this section without good cause shall be grounds for judicial review.

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

LBA

22-2466

Amended 3/28/22

HB 1518-FN-LOCAL- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2022-0892h)

AN ACT relative to the requirements for appointed guardians.

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

METHODOLOGY:

The Department of Health and Human Services indicates this bill would require a home visit within 60 days of the appointment of a guardian and the visit shall be done by a childcare agency approved and licensed by the Department.  The agency shall issue a report to the court and the guardian.  The Department assumes the Court would  determine the information to be included in the report and what would be required to demonstrate the “safety and adequacy of the guardian’s home.”  In addition, if safety and adequacy cannot be demonstrated, the Department assumes the individual who performed the home visit and wrote the report would also be required to appear at court in the matter.  The bill does not provide for the expenses of travel and court time for the individual.  The bill provides the cost of the agency visit shall be paid by the guardian.  The Department assumes payment would be made to the Judicial Branch and indicates no mechanism is provided in the bill to reimburse the childcare agency.  The Department determined federal funds for a portion of the costs would not be available because the service would be provided by the Judicial Branch in a private guardianship matter.  The Department anticipates an indeterminable increase in state expenditures based on the assumed need for additional staff to implement the bill.

This bill does not contain an appropriation or authorization for the additional staff positions.

AGENCIES CONTACTED:

Department of Health and Human Services