HB 169 - AS INTRODUCED
2023 SESSION
23-0621
06/04
HOUSE BILL 169
AN ACT relative to termination of guardianship.
SPONSORS: Rep. Jonathan. Smith, Carr. 5; Rep. Cordelli, Carr. 7; Rep. J. MacDonald, Carr. 6; Rep. Crawford, Carr. 3; Rep. Burroughs, Carr. 2; Sen. Bradley, Dist 3
COMMITTEE: Judiciary
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ANALYSIS
This bill changes the burden of proof for termination of guardianship proceedings.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23-0621
06/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to termination of guardianship.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Guardianship of Minors and Estates of Minors; Termination of Guardianship; Burden of Proof. Amend RSA 463:15, V(b) and (c) to read as follows:
(b) In a proceeding to terminate a guardianship established by consent, the burden of proof shall shift to the guardian to demonstrate by [clear and convincing] a preponderance of the evidence that substitution or supplementation of parental care and supervision is necessary to provide for the essential physical and safety needs of the minor and that termination of the guardianship will adversely affect the minor's psychological well-being.
(c) Subparagraph (b) shall not apply if guardianship of the person was granted to a grandparent as the result of the parent's substance abuse or dependence. In such cases, the burden of proof shall be on the parent to demonstrate by [a preponderance of the] clear and convincing evidence that substitution or supplementation of parental care and supervision is no longer necessary to provide for the essential physical and safety needs of the minor and termination of the guardianship will not adversely affect the minor's psychological well-being.
2 Effective Date. This act shall take effect January 1, 2024.