HB 1449 – AS INTRODUCED
2010 SESSION
09/10
HOUSE BILL 1449
AN ACT relative to complaints against judicially appointed guardians ad litem and psychotherapists.
SPONSORS: Rep. L’Heureux, Hills 19; Rep. Pellegrino, Hills 19; Rep. Hinch, Hills 19
This bill prohibits consideration of complaints against judicially appointed guardians ad litem and psychotherapists by the guardian ad litem board and the board of mental health practice, respectively, unless the court which made the appointment has determined there is a substantial basis to refer a complaint for consideration by the board.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2032
09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to complaints against judicially appointed guardians ad litem and psychotherapists.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Guardian Ad Litem Board; Complaints. Amend RSA 490-C:4, I(g) to read as follows:
(g) Investigate and resolve complaints against certified guardians ad litem, and against formerly certified guardians ad litem who are claimed to have engaged in acts or omissions prohibited when certified. The board may, upon the submission of a written allegation or complaint against a presently or formerly certified guardian ad litem who holds, held, or may hold an appointment in a case under the authority of a court, refer that matter to the appropriate court for investigation, resolution, or other action. Such referral may be made regardless of whether the allegation or complaint relates to a case which is then pending in court and may be made in lieu of or in addition to any investigatory or disciplinary procedures that the board may itself be authorized to pursue. The board may further informally resolve complaints by agreement. A complaint relating to a trial or judicial proceeding in progress shall be dismissed without prejudice, unless the board for good cause votes to proceed immediately with such complaint. The board shall not consider a complaint against a judicially appointed guardian ad litem filed by any person alleging unprofessional conduct unless the originating court has determined that there is a substantial basis to refer a complaint for consideration by the board.
2 New Paragraph; Mental Health Practice Board; Complaints. Amend RSA 330-A:28 by inserting after paragraph VIII the following new paragraph:
IX. The board shall not consider a complaint against a judicially appointed psychotherapist arising from a court ordered evaluation, treatment, psychotherapy, or appointment as a guardian ad litem filed by any person alleging unprofessional conduct unless the originating court has determined that there is a substantial basis to refer a complaint for consideration by the board.
3 Effective Date. This act shall take effect 60 clays after its passage.