Diana Fenton has withdrawn her name from consideration to be New Hampshire’s next child advocate after facing questions about potential conflicts of interest and her ability to exercise independent oversight of government agencies, according to two executive councilors.

Karen Liot Hill, whose district includes Concord, and David Wheeler, who represents Nashua and much of the Monadnock region, confirmed her withdrawal. They said a Monday hearing on her nomination had raised concerns.

Fenton has a career in state government, a husband who’s a judge and a foster child living in her home.

Some argued that her experience with and proximity to New Hampshire’s government systems made her an ideal candidate. Others felt differently.

“I think that the withdrawal was the right way to go,” said Wheeler, who noted a public perception that Fenton didn’t have enough “arm’s length” from the agencies she would be overseeing. “I think everybody, all the players, realized that maybe there just wasn’t enough distance in between the different functions to do it well, or even just the perception of being an insider.”

Liot Hill said she had not fully decided yet on whether to vote to confirm Fenton to the role but was “not terribly surprised” by the withdrawal.

Gov. Kelly Ayotte nominated Fenton to lead the Office of the Child Advocate earlier this year. Neither Fenton nor Ayotte’s office immediately responded to the Monitor’s requests for comment.

John Stephen, who represents Manchester and the surrounding towns, said he was impressed by Fenton’s competence and her work at the Department of Education, where she oversees investigations into educator misconduct. Still, he came away from the hearing thinking about all the conflicts of interest — real or perceived — that could arise.

Stephen said the role of the child advocate must have absolute independence “without any inhibitions at all.”

“If you are working with the system in another area or have involvement with the system … those are legitimate concerns,” Stephen said.

Sherly Harianto, whose son is in Fenton’s care, asked the Executive Council to reject Fenton for the job. Harianto will face a hearing this month to terminate her parental rights.

“She is inside the system. She has my child in her home. Her husband sits on the bench,” Harianto said at a public hearing on Monday. “You cannot watch over something that you are part of. You cannot hold a system accountable when the system is working for you.”

Fenton told executive councilors at the hearing that she considers her foster child and Harianto’s case to be conflicts of interest, as well as any case that her husband, Circuit Court Judge Todd Prevett, sits on. The Circuit Court includes the Family Division.

Prevett was reprimanded by the Judicial Conduct Committee in 2024 for alleged misconduct “by appearing to have sought special treatment by virtue of his position” on a personal matter.

Fenton said she does not take her personal experiences or connections lightly and told executive councilors that she’d consult with the attorney general’s office on any conflicts of interest, real or perceived, that arise.

“I do not take this job in isolation. I do not take it in a silo,” Fenton said. “I look forward to working with you as partners to address these issues, to talk about these matters that come up.”

Fenton currently works for the Department of Education. In this role, she blew the whistle on Concord teacher Howie Leung, who later pleaded guilty to sexually assaulting a teenager.

She previously worked at the Department of Justice as an assistant attorney general when Ayotte was the New Hampshire Attorney General. Prior to that, she served as a prosecutor in Antrim, Bennington and Deering.

People who know and have worked with Fenton offered glowing character references, saying she is honest, nonpartisan and passionate about child welfare.

Rep. Kimberly Rice, a Hudson Republican who is the vice chair of both the House Children and Family Law Committee and the state’s Oversight Commission on Children’s Services, framed Fenton as someone who approaches difficult situations with “empathy and resolve.”

“This position requires a leader who understands how government works, how investigations unfold and how decisions made in offices and hearing rooms affect families,” Rice said. “Diana Fenton brings exactly that background.”

Councilors questioned Fenton about her goals for the job and view of the role. The outgoing child advocate, Cassandra Sanchez, has gone toe-to-toe with the state’s child protective system, residential facilities and lawmakers.

She called the relationship between government and oversight one of “healthy tension.”