New Hampshire House Bill HB169

New Hampshire 2023 Regular Session

• Introduced: 1/3/23
• Refer: 1/3/23
• Report DNP: 2/8/23

Caption

Relative to termination of guardianship.

Impact

The proposed changes in HB 169 could significantly impact family law and child welfare practices within the state. By shifting the burden of proof in certain situations, the bill attempts to ensure that the rights of both guardians and biological parents are considered more equitable. The adjustments to the requirements may streamline the guardianship termination process, reinforcing the importance of protecting minors' welfare while also holding parents accountable when substance abuse is involved. Overall, these factors might lead to fewer contested cases and reduced emotional strain on children involved in such legal matters.

Summary

House Bill 169 addresses the termination of guardianship, specifically altering the burden of proof required during such proceedings. The bill stipulates that when a guardianship is established by consent, the guardian must prove by a preponderance of the evidence that continuing the guardianship is necessary for the minor's essential physical and safety needs. Conversely, in cases where guardianship was granted to a grandparent due to a parent's substance abuse, the burden of proof shifts back to the parent to demonstrate that the guardianship is no longer necessary. This change aims to create a more balanced approach in guardianship termination cases, reflecting the best interests of the child.

Sentiment

The sentiment regarding HB 169 appears to be cautiously optimistic among advocates for both minors’ welfare and family rights. Supporters argue that the bill maintains an essential focus on the child’s psychological and physical needs while recognizing the complex situations that may arise in guardianship cases. There may, however, be concerns about the implications of shifting the burden of proof as it could lead to differing outcomes based on the circumstances of each case. Some stakeholders might worry whether this change adequately protects the interests of all parties involved.

Contention

Notable points of contention around HB 169 include the balance between protecting minors and ensuring that parental rights are not unduly compromised. The revised burden of proof could raise questions about fairness in guardianship proceedings and the evidentiary standards that should apply. Critics may express concerns that the new provisions could inadvertently make it more challenging for some parents to regain custody, especially in cases involving substance abuse. Controversy may arise surrounding individual circumstances that do not fit neatly into the specified requirements, potentially impacting the welfare of children caught in the middle.