HB 600-FN - AS INTRODUCED

 

 

2023 SESSION

23-0655

06/10

 

HOUSE BILL 600-FN

 

AN ACT relative to temporary orders for parental rights and responsibilities.

 

SPONSORS: Rep. Testerman, Merr. 3

 

COMMITTEE: Children and Family Law

 

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ANALYSIS

 

This bill requires courts to issue temporary orders concerning a minor child when petitioned to do so. This bill requires such temporary hearings to be held within 30 days of petition filing and temporary orders to be issued within 45 days.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

23-0655

06/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Three

 

AN ACT relative to temporary orders for parental rights and responsibilities.

 

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

 

1  Parental Rights and Responsibilities; Temporary Orders.  Amend the introductory paragraph RSA 461-A:8 to read as follows:

461-A:8  Temporary Orders.  After the filing of a petition concerning a minor child under this chapter, the court [may] shall issue orders with such conditions and limitations as the court deems just.  Temporary hearing orders shall be held within 30 days after the filing of a petition and any other temporary orders shall be ordered within 45 days.  The orders may be issued ex parte. The orders may include the following:

2  Effective Date.  This act shall take effect January 1, 2024.

 

LBA

23-0655

Revised 1/13/23

 

HB 600-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to temporary orders for parental rights and responsibilities.

 

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

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2023

FY 2024

FY 2025

FY 2026

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

 

 

 

 

METHODOLOGY:

This bill requires courts to issue temporary orders concerning a minor child when petitioned to do so. The bill requires such temporary hearings to be held within 30 days of petition filing and temporary orders to be issued within 45 days.  The Judicial Branch provided the following information concerning the fiscal impact of this bill:

  • Each year approximately 1,300-1,700 new parenting petitions are filed under RSA 461-A.  
  • When a parenting case is filed under RSA 461-A, the Branch makes an effort to bring the parties together to reach a voluntary resolution on temporary and final orders. This begins with First Appearance, the ability to meet with a case manager and to schedule mediation with the goal of avoiding an adversarial hearing.  
  • Not all cases are currently scheduled for a hearing if the parties are able to reach agreement on the terms of temporary orders.  
  • The Branch interprets the bill to direct the Court to hold a hearing on temporary orders in all cases within 30 days of the filing of a petition. The bill also provides that any other temporary orders shall be ordered within 45 days.  

The requirement that a hearing be scheduled for all initial temporary orders would significantly increase the number of hearings held, limit the time for the parties to reach agreement without court intervention, and compress the time by which the hearing must be held. The Branch is unable to determine how many additional hearings would be held or the impact the compressed schedule would have on other mandatory hearings.

The New Hampshire Department of Health and Human Services, Bureau of Child Support Services does not anticipates any programmatic costs associated with this bill where it has no impact on program operations.

 

AGENCIES CONTACTED:

Department of Health and Human Services and Judicial Branch