By ZACH LAIRD, InDepthNH.org
CONCORD, NH — A public hearing on Diana Fenton’s nomination to become New Hampshire’s Child Advocate drew a mix of criticism and support before the Executive Council Monday afternoon.
Fenton, who currently serves as the chief of the Governance Unit at the New Hampshire Department of Education, drew fire from critics due to an ongoing legal case where she is currently the foster parent of a 4-year-old after the child who was taken from his mother in 2024 by Division for Children, Youth, and Families. The child’s mother appeared to testify in opposition to Fenton’s nomination.
“In 2015, I joined the Department of Education, where child safety has been my focus ever since. My work gave me the insight that my prosecutorial background alone could not. Namely, how to improve the system from within, before harm occurs, its partnership with the institutions responsible for delivering services to children,” Fenton said.
She continued that the most important lessons she learned from her time at the Department of Justice was “the ability to look at how a system handled a situation and ask, ‘Where can we improve this system to better serve.’”
“Beyond my professional life, I myself have experienced the foster care system, and I know what it feels like when the services are coordinated and a child feels supported. I have witnessed the success of a child who has received the timely and effective services they need from that perspective,” Fenton said.
Her husband, Todd Prevett, is a circuit court judge who was formally reprimanded by the Judicial Conduct Committee in November 2024 for asking the court to waive the required background check in the guardianship case. According to an article by the Union Leader, the JCC found that Prevett violated three canons of judicial conduct for mentioning his position in conversations with court.
Executive Councilor David Wheeler, R-Milford, asked Fenton what her gut would say if there’s an issue with a case her husband is sitting on.
Fenton responded that she would be very careful, and would speak (and) seek guidance from the Attorney General’s Office as it pertains to any potential conflict. She added if there were a conflict, then she would absolutely address it.
Sherly Harianto, the mother of the child under Fenton’s care, testified in opposition to her appointment and urged the council not to approve her.
“I have fought for my son for almost two years. I have put my name on my own court papers and filed them with the Supreme Court. I’m not powerful, I’m not connected, I’m just my son’s mother. I’m still here, and I won’t stop. No court order, no nomination, and no court system will ever change that,” Harianto said.
Rep. Joe Barton, R-Littleton, also testified in opposition to Fenton’s nomination. He cited her marriage to Prevett, saying that her neutrality can be questioned.
He continued that advocating for more foster parents advocates against the premise of reunification (and) against building better parents. He explained his main concern with Fenton is that her proximity with the judiciary is in the same household and that “she cannot separate herself from that, and I think that would prevent her from being neutral in this role.”
Rep. Kimberly Rice, R-Hudson, testified in support of Fenton.
“The Child Advocate’s role is unique. It requires independence, credibility, and the ability to navigate complex systems while always keeping the focus where it belongs: on children who cannot protect themselves. This position requires a leader who understands how government works, how investigations unfold, and how decisions made in offices and hearing rooms affect families.
“Diana Fenton brings exactly that background; over the course of her career, Diana (Fenton) has consistently demonstrated a commitment to public service, and she protected vulnerable people, particularly the children… That combination is exactly what New Hampshire needs in its next Child Advocate,” Rice said.
Rep. Melissa Litchfield, R-Brentwood, also testified in support of Fenton and came to speak about her character. She noted that Fenton is close with her community, and that one of the things she respects most about her is that “I could not tell you what her political affiliation is.”
Litchfield continued, saying that Fenton can be the smartest person in the room, but “you’d never know it because of how humble she is.”
Rep. Katelyn Kuttab, R-Windham, echoed that sentiment in her testimony of support. She said that Fenton has always been knowledgeable, responsible, and highly professional, adding that her dedication and passion for protecting children make her an ideal candidate.