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Paula Werme's DCYF information |
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Official RSAs |
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Note to people who came here via a search engine: You are not at New Hampshire's RSA web site (follow the link above if you wish to be there). This folder has excerpts from a chapter of the NH RSAs that have some relevance to understanding and working with the state's Division of Children, Youth, and Families. These pages collect several sections into one page that is easier to navigate than the state's pages.
463:1 Statement of Purpose. Source. 1995, 222:1, eff. Jan. 1, 1996.
463:2 Definitions. Source. 1995, 222:1, eff. Jan. 1, 1996; 310:175, 181, eff. Nov. 1, 1995.
463:3 Parents' Rights. Source. 1995, 222:1, eff. Jan. 1, 1996.
463:4 Jurisdiction and Venue. Source. 1995, 222:1, eff. Jan. 1, 1996. 1998, 155:1, eff. July 8, 1998. 1999, 217:2, eff. Jan. 1, 2000.
463:5 Procedure for Appointment. Source. 1995, 222:1, eff. Jan. 1, 1996. 2001, 146:1, eff. Jan. 1, 2002.
463:6 Notice. Source. 1995, 222:1, eff. Jan. 1, 1996; 310:175, eff. Nov. 1, 1995. 1997, 100:2, eff. Jan. 1, 1998.
463:7 Ex Parte and Temporary Orders. Source. 1995, 222:1, eff. Jan. 1, 1996. 1997, 100:3, eff. Jan. 1, 1998. 2002, 239:2, eff. May 17, 2002.
463:8 Conduct of Hearing. Source. 1995, 222:1, eff. Jan. 1, 1996.
I. "Authorized agency'' means an agency licensed as a child-placing agency pursuant to RSA 170-E.
II. "Court'' means the probate court unless otherwise specified.
III. "Department'' means the department of health and human services.
IV. "Guardian'' means the individual or entity appointed by the court as provided in this chapter and includes joint and successor guardians.
Unless otherwise indicated, the term "guardian'' means guardian of the person and of the estate of the minor.
V. "Minor'' means a child under 18 years of age who is unmarried and unemancipated.
VI. "Parent'' means mother, father, or adoptive parent, but such term shall not include a parent as to whom the parent-child relationship has been terminated by judicial decree or voluntary relinquishment.
I. The father and mother of every minor are joint guardians of the person of such minor, and the powers, rights, and duties of the father and mother in regard to such minor shall be equal. Upon the death of either parent, the survivor shall be the sole guardian of the person of the minor.
II. Nothing in this chapter shall prevent the probate court from appointing a guardian of the person or of the estate or both, and the custody of any minor may be awarded to either parent by such court.
I. The probate court shall have exclusive jurisdiction over the appointment of a guardian of the person or of the estate or of both of any minor. The jurisdiction of the court in this chapter shall be subject to the provisions of RSA 458-A.
II. (a) Venue for guardianship proceedings for a minor is in the county where the minor resides, the county where the minor is physically present when the proceedings are commenced, the county in which the authorized agency is providing services to the minor, or the county in which an underlying cause of action arose.
(b) In proceedings to create a guardianship of the estate of a minor containing real property, venue may also be in a county in which the real property, or a portion thereof, of the minor is located.
I. Any person may nominate a guardian of the person or of the estate or of both of the person's minor child in a will, by petition, or by written consent to a petition by another. The judge of probate may, for cause, refuse to appoint a person so nominated.
II. A minor 14 years of age or older, or any person or authorized agency interested in the welfare of the minor, may petition for appointment of a guardian of the person or of the estate or of both.
III. The petition shall:
(a) Be verified;
(b) Request that a guardian of the person, of the estate, or both, be appointed;
(c) Specify the name, age, address, and occupation of the proposed guardian and the relationship of the proposed guardian to the minor;
(d) Specify the name and date of birth of the minor; and
(e) State that the appointment is in the best interests of the minor.
IV. The petition shall set forth, so far as is known to the petitioner:
(a) Alternate names and addresses of the minor; the names and addresses of the parents of the minor, and any person or persons alleged to have had the principal care and custody of the minor during the 60 days preceding the filing of the petition; and any person named as testamentary guardian of the person or of the estate of the minor in the will of a decedent--parent.
(b) The probable value and general character of the minor's real and personal property including the minor's right to receive local, state, or federal benefits and entitlements, and the probable amount of the minor's debts.
(c) The existence of any pending adoption, juvenile proceedings, including those pursuant to RSA 169-B, 169-C, 169-D, or 170-C, or other pending proceedings affecting the minor or the parents of the minor including, but not limited to, domestic violence, marriage dissolution, domestic relations, paternity, legitimation, custody, or other similar proceeding.
(d) Whether an adoption of the minor by the proposed guardian or guardians is contemplated.
V. The petition shall include a statement describing specific facts concerning actions or omissions or actual occurrences involving the minor which are claimed to demonstrate that the guardianship of the person or of the estate or both is in the best interests of the minor.
VI. (a) In all guardianships of the person, except when an agency or institution is named as the proposed guardian, the court shall review the proposed guardian's record of criminal convictions maintained by the New Hampshire division of state police and any record of founded complaints of child abuse or neglect by the proposed guardian in the child abuse and neglect registry maintained by the department of health and human services.
(b) The petitioner shall file releases provided by the court and signed by the proposed guardian authorizing the release of any record of criminal convictions and a search of the abuse and neglect registry. The court may, in its discretion, accept a petition without the signed releases and may appoint a guardian prior to receiving the proposed guardian's record of criminal convictions or the results of the search of the abuse and neglect registry or both. When the court appoints a guardian prior to the receipt of the records, the court shall review the records upon their receipt and may reexamine the appointment of the guardian based on the information contained in the records.
(c) The court may, in its discretion, request the same information from similar agencies in other states as appropriate.
I. After the filing of a petition, the court shall set a date for hearing, and shall give notice of the time and place of hearing to:
(a) Both parents of the minor.
(b) The minor, if 14 years of age or older and not the petitioner.
(c) Any person or persons alleged to have had the principal care and custody of the minor during the 60 days preceding the filing of the petition.
(d) The person nominated in the petition to be the guardian.
(e) Any person named as a testamentary guardian of the person or of the estate or of both of the minor in the will of a decedent parent.
(f) The department, if the petition identifies any juvenile proceeding affecting the minor.
(g) Any parent or any sibling, aunt, uncle, or adult child of the parents of the minor if both parents are deceased.
(h) The petitioner or petitioners.
II. A written consent to the petition is submission to the jurisdiction of the court and waiver of notice of the petition.
I. Upon entry of a petition seeking guardianship of the person or of the estate or both of a minor, the court may issue orders for ex parte and temporary guardianship as follows:
(a) Ex parte orders may issue at any time prior to notice to the persons required to receive notice under RSA 463:6, I on a petition or request asking for such relief which includes a sworn affidavit or verified pleading alleging facts involving the circumstances of the minor which establish that unless the ex parte relief is granted the minor will or is likely to suffer immediate or irreparable harm or injury.
(1) If temporary orders are made ex parte, the party against whom the orders are issued may file a written request with the court and request a hearing. Such a hearing shall be held no later than 5 days after the request is received by the court.
(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 notice. 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 and that the minor is still at risk.
(b) Temporary orders may be entered pending hearing and ruling on the merits, provided, however, that no temporary order shall carry with it any presumptive weight in the court's adjudication of the merits or affect the legal rights of the parent other than as specified in the court order.
(c) Upon the entry of a petition seeking guardianship of the person accompanied by a nomination document and activation orders pursuant to RSA 463:18-a, the court shall issue temporary orders appointing the individual nominated guardian pending a hearing and ruling on the merits; but for cause, the court may appoint some other suitable individual temporary guardian.
II. Ex parte or temporary orders issued may include the appointment of a guardian or co-guardian, injunctive relief, support orders, restraining orders, or such other orders as the court may enter on the merits.
III. Any ex parte or temporary orders entered by the court may be modified for cause upon petition or the court's own motion and such notice as the court may deem reasonable or appropriate.
I. In any hearing under this chapter, the court shall not be bound by the technical rules of evidence and may admit evidence which it considers relevant and material.
II. A minor 14 years of age or older shall attend the hearing unless attendance is excused by the court. All other minors may attend the hearing if authorized or ordered by the court.
III. (a) Except as set forth in subparagraph (b), the burden of proof shall be on the petitioner to establish by a preponderance of the evidence that a guardianship of the person is in the best interests of the minor.
(b) If a parent objects to the establishment of the guardianship of the person requested by a non-parent, the burden of proof shall be on the petitioner to establish by clear and convincing evidence that the best interests of the minor require substitution or supplementation of parental care and supervision to provide for the essential physical and safety needs of the minor or to prevent specific, significant psychological harm to the minor.
(c) The burden of proof shall be on the petitioner for the guardianship of the estate of a minor to establish by a preponderance of the evidence that the guardianship is necessary to provide for the proper management of the property and financial affairs of the minor.
IV. The consent of the minor shall not be necessary for the appointment of a guardian, but the court shall in all cases ascertain the minor's preference, and give to it such weight as under the circumstances may seem just.
V. The court may appoint a guardian of the person or of the estate or of both as requested if, upon hearing, it finds based on the applicable burden of proof:
(a) In the case of guardianship of the person, guardianship is in the best interests of the minor as provided in paragraph III and the person nominated is appropriate.
(b) In the case of guardianship of the estate, that the guardianship is necessary to provide for the proper management of the property and financial affairs of the minor and the person nominated is appropriate.
VI. If a parent objects to the appointment or continuation of a guardianship, the court shall issue written findings concerning the petitioner's compliance with the relevant burden of proof under paragraph V.