CHAPTER 177
SB 34-FN – FINAL VERSION
02/23/11 0301s
2011 SESSION
05/09
SENATE BILL 34-FN
AN ACT relative to orders of notice in guardianship cases; relative to approvals of marriages for persons under 18 years of age by the judicial branch family division; and relative to the adjudicatory hearing date in child protection cases.
SPONSORS: Sen. Houde, Dist 5; Rep. Sorg, Graf 3
This bill:
I. Clarifies the court’s responsibility for sending orders of notice in guardianship cases and provides for charging the mailing cost to the petitioner.
II. Transfers jurisdiction for approvals of marriages for persons under 18 years of age to the judicial branch family division.
III. Establishes and clarifies the time period within which the court must hold the adjudicatory hearing in child protection cases.
This bill is a request of the supreme court.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/23/11 0301s
11-0928
05/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to orders of notice in guardianship cases; relative to approvals of marriages for persons under 18 years of age by the judicial branch family division; and relative to the adjudicatory hearing date in child protection cases.
Be it Enacted by the Senate and House of Representatives in General Court convened:
177:1 New Paragraph; Guardianship of Minors; Notice. Amend RSA 463:6 by inserting after paragraph IV the following new paragraph:
V. The cost of orders of notice sent by certified mail, return receipt requested, shall be paid by the petitioner.
177:2 Guardianship; Ex Parte and Temporary Orders. Amend RSA 463:7, I(a)(2) to read as follows:
(2) Notwithstanding subparagraph (1), any ex parte order entered expires 30 days after the date of the order; however, any ex parte order may be extended pending notice on persons required to receive notice under RSA 463:6, I if the party or parties seeking guardianship or appointed guardian ex parte provide proof satisfactory to the court that they have undertaken a due and diligent effort to provide the court with the names and addresses of those persons required to receive notice under RSA 463:6, I. In the event of such an extension, the court may enter such limitations on the extension as it deems reasonable and appropriate. Any further extension shall be only upon like request and proof. In the case of any extension, the court shall enter an express finding that the petitioner or petitioners for guardianship, or the person or persons appointed ex parte, have made a due and diligent effort to [effect required service] provide the court with the names and addresses of those persons required to receive notice under RSA 463:6, I and that the minor is still at risk.
177:3 Petition to Marry by Party Under Age. Amend RSA 457:6 to read as follows:
457:6 Petition by Party Under Age. If special cause exists rendering desirable the marriage of a person resident in this state, or the marriage of a person who is a nonresident in this state who applies for permission to marry a resident in this state, either person being below the age of consent and above the ages specified in RSA 457:4, the parties desiring to contract such marriage, with the parent or guardian having the custody of such party below such age, if there be such parent or guardian, may apply in writing to [a justice of the superior court, or to the judge of probate of the county] the judicial branch family division having jurisdiction in the location in which one of them resides, for permission to contract such marriage. No waiver shall be granted to persons below the age of consent if both parties are nonresidents.
177:4 Child Protection Act; Adjudicatory Hearing Date. RSA 169-C:15, III(d) is repealed and reenacted to read as follows:
(d) Set a date for an adjudicatory hearing. In all cases, the adjudicatory hearing shall be held and completed and written findings issued within 60 days from the date that the petition was filed with the court. If a child is in an out-of-home placement, the adjudicatory hearing shall be held and completed within 30 days from the date the petition was filed with the court, unless the court makes a written finding of extraordinary circumstances requiring the time limit to be extended.
177:5 Effective Date.
I. Section 3 of this act shall take effect January 1, 2012.
II. The remainder of this act shall take effect 60 days after its passage.
Approved: June 14, 2011
Effective Date: I. Section 3 shall take effect January 1, 2012.
II. Remainder shall take effect August 13, 2011.