0254-sb 0308

CHAPTER 254

SB 308 - FINAL VERSION

AN ACT relative to the adoption of a minor child by the grandparent or grandparents and relative to de novo appeals to the superior court in abuse and neglect proceedings before the family division of the courts.

SPONSORS: Sen. Gordon, Dist 2; Rep. Wood, Belk 7

This bill provides that upon the fulfillment of certain criteria, the court may proceed directly to a hearing and decree in cases where the grandparent or grandparents seek to adopt a minor child. The bill also provides that a de novo appeal to the superior court in abuse and neglect proceedings shall be provided in cases before the family division of the courts.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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

254:1 New Paragraph; Adoption; Adoption by Grandparent or Grandparents. Amend RSA 170-B:14 by inserting after paragraph IV the following new paragraph:

V. Notwithstanding the provisions of RSA 170-B:14, I and II, where a grandparent or grandparents seek to adopt the minor child, the court may proceed to a hearing and a decree without an investigation when both of the following circumstances are met:

(b) The minor child has resided with the grandparent or grandparents for at least 3 years prior to filing the petition for adoption.

254:2 Adoption; Hearing; Adoption by Grandparents Added. Amend RSA 170-B:15, III to read as follows:

III. If at the conclusion of the hearing the court determines that the required consents have been obtained or excused and that the adoption is in the best interest of the individual to be adopted, it:

(a) May issue a final decree of adoption, where the petitioner or the petitioner's spouse is a natural parent of the child to be adopted; [or]

(b) May issue a final decree of adoption where a grandparent or grandparents seek to adopt a minor child pursuant to RSA 170-B:14, V; or

(c) Shall issue an interlocutory decree of adoption which shall not become final until the minor to be adopted has lived in the adoptive home for at least 6 months after placement by an agency or the department of health and human services or for at least 6 months after the department of health and human services or the court has been informed of the custody of the minor by the petitioner, and the department of health and human services or a licensed child-placing agency has had an opportunity to observe or investigate the adoptive home.

254:3 Child Protection Act; Appeals to Superior Court Added. Amend RSA 169-C:28 to read as follows:

I. An appeal under this chapter may be taken to the superior court by the child or the child's authorized representative or any party having an interest, including the state, or any person subject to any administrative decision pursuant to this chapter, within 30 days of the final dispositional order; but an appeal shall not suspend the order or decision of the court unless the court so orders. The superior court shall hear the matter de novo, and shall give an appeal under this chapter priority on the court calendar. For purposes of this chapter, a "final dispositional order" includes a dismissal of a petition for abuse and neglect by the district court. "Final dispositional order" shall also include any ruling or order arising from an administrative hearing held or initiated by any administrative agency, including the department, in which a finding of child abuse or neglect is made.

II. This section shall apply to all appeals under this chapter, including appeals in proceedings before the family division of the courts.