CHAPTERSenate 309Judiciary SBMarch 5746, -2024 FINAL2024-0984s VERSION09/05 03/21/2024Amendment 0984sto 06/13/2024SB 2216CofC574 SESSIONAmend 24-3116RSA 09/05461-A:19-a, SENATEIII BILLas 574inserted ANby ACTsection relative1 toof the appointmentbill ofby areplacing temporaryit agentwith forthe afollowing: minor child or incapacitated person.

SPONSORS:3 III.(a) A parent or guardian subject to a parenting plan may appoint a temporary agent of a minor if the appointment is effective only during that parent’s court-ordered parenting time and is in accordance with the parenting plan.

Sen.

Chandley, Dist 11;

Sen.

Watters, Dist 4;

Sen.

D'Allesandro, Dist 20;

Sen.

Soucy, Dist 18;

Sen.

Rosenwald, Dist 13;

Sen.

Altschiller, Dist 24;

Rep.

DiLorenzo, Rock.

10;

Rep.

N.

Murphy, Hills.

12 COMMITTEE:

Judiciary ───────────────────────────────────────────────────────────────── AMENDED ANALYSIS This bill allows for parents or guardians to appoint temporary agents for periods not to exceed 60 days and to delegate parental rights to those agents, subject to certain exceptions and limitations.

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 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

CHAPTER 309 SB 574 - FINAL VERSION 03/21/2024 0984s 06/13/2024 2216CofC 24-3116 09/05 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty Four AN ACT relative to the appointment of a temporary agent for a minor child or incapacitated person.

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

309:1 New Section;

Parental Rights and Responsibilities;

Temporary Agent.

Amend RSA 461-A by inserting after section 19 the following new section:

461-A:19-a Temporary Agent.

I.

Except as provided in paragraph III, a parent or parents of a minor or a guardian or guardians of a minor or incapacitated person may appoint a temporary agent for a period not exceeding 60 days and may delegate to such agent any power that the parent or guardian has regarding the care, custody, or property of the minor child, ward, or incapacitated person, except the power to consent to marriage or the adoption of a minor.

II.

Any delegation under this section shall be by a writing signed by, or at the direction of, the parent, parents, guardian, or guardians and attested by at least 2 witnesses 18 years of age or older, neither of whom is the temporary agent, together with the written acceptance of the temporary agent.

III.(a) A parent or guardian subject to a parenting plan may appoint a temporary agent of a minor if the appointment is effective only during that parent’s court-ordered parenting time and is in accordance with the parenting plan.

(b) Subparagraph (a) shall not apply in cases where the non-appointing parent is the subject of a protective order in the parenting plan, a domestic violence restraining order, order of protection, bail conditions prohibiting contact with the child or minors in general, or if the non-appointingnon- appointing parent is under investigation by the division for children, youth and families (DCYF), under investigation by law enforcement for crimes related to children, the subject of a DCYF safety plan, or involved in a case brought pursuant to RSA 169-C.

IV.

Any delegation under this section may be revoked or amended by the appointing parent, parents, guardian, or guardians and delivered to all interested persons.