Gov. Kelly Ayotte’s nominee for policing the state’s child welfare system has withdrawn her name from consideration.
Diana Fenton could not be immediately reached for comment. Her decision comes a day after a contentious public hearing on her nomination before the Executive Council. Several people questioned Fenton's ability to be fair and unbiased because she is a foster parent and her husband is a judge who decides family legal disputes.
Councilor David Wheeler acknowledged those concerns Tuesday in an interview with NHPR.
“She’s a good, competent person,” Wheeler said. “But I think it boils down to the perception of mistrust. Being a foster parent and overseeing the division [of child welfare oversight] and her husband being a judge just give some bad optics.”
Wheeler added, “Even if it's only a perceived conflict you want people to be able to trust the advocate and the system.”
Fenton has worked as an attorney for the state for nearly two decades, first at the Department of Justice and currently at the state Department of Education. Councilor Karen Liot Hill said that raised concerns for her.
The state’s Office of the Child Advocate is charged with monitoring the state Division of Children, Youth, and Families' work with children who are in its care due to abuse or neglect cases.
“I asked Miss Fenton whether someone who had spent 18 years as an attorney within state government defending state government would be able to have the necessary distance to exercise that independent oversight and to be a watchdog over state agencies.”
Councilor John Stephen told NHPR he was moved by the testimony he heard Monday for and against Fenton. He praised her advocacy for victims while she was at the Department of Justice as well as her commitment to being a foster parent.
“This individual has to be a watchdog and independent and make sure that they're fighting for the rights of the children that they serve, that are in the system,” Stephen said.
The governor’s office could not be immediately reached for comment.