HB 1377 — allowing parents to make alternative caregiver arrangements for their children without transferring guardianship.

Summary

allowing parents to make alternative caregiver arrangements for their children without transferring guardianship.

Bill Text

• Introduced View text Current pdf

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill establishes a framework for caregiver authorization affidavits, allowing parents to designate caregivers for their children without transferring guardianship.

• RSA

  CHAPTER 461-C CAREGER AUTHORIZATION AFFIDAVITS 461-C:1 Definitions. In this chapter: I. “Authorizing party” means a parent, legal guardian, or legal custodian who authorizes a caregiver to act under a caregiver authorization affidavit. II. “Caregiver” means an adult with whom a minor resides. III. “Caregiver authorization affidavit” means an affidavit prepared pursuant to this chapter that authorizes a designated caregiver to act relative to a minor’s education and health care. IV. “Parental rights and responsibilities” mean rights and responsibilities of a parent, legal guardian or legal custodian under state or federal law or court order.

  This creates a new chapter in the law defining key terms related to caregiver authorization.

• RSA

  461-C:2 Caregiver Authorization Affidavits. I. A parent, legal guardian, or legal custodian of a minor, by a caregiver authorization affidavit, may authorize a designated caregiver to exercise certain concurrent parental rights and responsibilities relative to a designated minor’s education and health care, as described in RSA 461-C:3. If a conflicting decision is made under these concurrent rights and responsibilities, the decision of the authorizing party shall supersede the decision of the caregiver. II. The caregiver authorization affidavit shall only authorize those rights and responsibilities that the authorizing party possesses and shall not divest the authorizing party of his or her rights or responsibilities. III. The authorizing party shall not use a caregiver authorization affidavit to circumvent any state or federal law, solely for the purposes of attendance at a particular school, or to re-confer rights to a caregiver from whom those rights have been removed by a court of law.

  This provision allows parents to formally authorize caregivers to act on behalf of their children for specific decisions without losing their own rights.

• RSA

  461-C:3 Parental Rights and Responsibilities Conferred. Under a caregiver authorization affidavit, a caregiver may: I. Consent to medical, surgical, dental, developmental, mental health, or other treatment for the minor under the supervision or upon the advice of a health care professional licensed to practice in the state. II. Exercise parental rights to obtain records and other information with regard to health care services and insurance provided to the minor. III. Make educational decisions on behalf of the minor and in all other ways stand in for the authorizing party with respect to federal, state, and district educational policy, including, but not limited to, accessing the minor’s educational records, representing the minor in enrollment, disciplinary, curricular, special education or other educational matters, signing permission slips for school activities, and any other decision that facilitates the minor’s educational experience.

  This section outlines the specific rights caregivers can exercise under the authorization affidavit.

• RSA

  461-C:4 Effect of Affidavit. A person who relies on a caregiver authorization affidavit that is consistent with the requirements of this chapter has no obligation to make any further inquiry or investigation and shall not incur any criminal or civil liability or be subject to professional discipline for doing so, unless he or she knows facts contrary to the affidavit or knows that an authorizing party has made a decision to supersede the caregiver’s decision. Nothing in this chapter shall relieve a person from liability arising from other provisions of the law.

  This provision protects individuals relying on the affidavit from liability, promoting trust in the authorization process.

• RSA

  461-C:5 Form and Content of Caregiver Authorization Affidavit. I. The caregiver authorization affidavit shall include the following information: (a) The name, address, and telephone number of the parent, legal guardian, or legal custodian. (b) The name, address, and telephone number of the caregiver. (c) The name and date of birth of the minor. (d) The relationship of the caregiver to the minor. (e) A statement by the authorizing party that there are no court orders in effect that would prohibit him or her from exercising or conferring the rights and responsibilities that he or she seeks to confer upon the caregiver. (f) A statement of the authority being conferred and of any prohibitions. (g) A statement that the affidavit is not for the purposes of circumventing any state or federal law, for the purposes of attendance at a particular school, or to re-confer rights to a caregiver from whom those rights have been removed by a court of law.

  This specifies the required elements and information that must be included in the caregiver authorization affidavit.

Action History

1. March 04, 2026

   Minority Committee Report: Ought to Pass

2. March 04, 2026

   Majority Committee Report: Inexpedient to Legislate 03/03/2026 (Vote 9-7; RC) HC 10 P. 76

3. March 02, 2026

   Executive Session: 03/03/2026 10:00 am GP 230

4. February 20, 2026

   ==RESCHEDULED== Executive Session: 03/02/2026 10:00 am GP 230

5. February 10, 2026

   Public Hearing: 02/17/2026 11:30 am GP 230

6. December 02, 2025

   Introduced 01/07/2026 and referred to Children and Family Law HJ 1 P. 17

Sponsors

• Patrick Long · Primary

Subjects