This bill proposes changes to the burden of proof required in termination of guardianship proceedings. Specifically, it amends RSA 463:15, V(b) and (c) to alter the standards of evidence needed from guardians and parents when seeking to terminate a guardianship that was established by consent. The bill shifts the burden of proof in such cases from the guardian needing to demonstrate by "clear and convincing" evidence to "a preponderance of the" evidence that continuing the guardianship is necessary for the minor's physical and safety needs and that its termination would negatively impact the minor's psychological well-being.

Additionally, the bill stipulates that if a guardianship was granted to a grandparent due to the parent's substance abuse or dependence, the burden of proof remains on the parent. However, the standard of evidence required from the parent changes from "a preponderance of the" evidence to "clear and convincing" evidence to show that parental care and supervision no longer need to be substituted or supplemented for the minor's essential needs and that ending the guardianship would not harm the minor's psychological well-being. The act is set to take effect on January 1, 2024.

Statutes affected:
Introduced: 463:15