Bill Text - HB327 (2013)

Relative to payment of attorneys' fees for indigent parents in termination of parental rights cases.


Revision: Feb. 21, 2013, midnight

HB 327-FN – AS INTRODUCED

2013 SESSION

13-0333

09/04

HOUSE BILL 327-FN

AN ACT relative to payment of attorneys’ fees for indigent parents in termination of parental rights cases.

SPONSORS: Rep. Rowe, Hills 22

COMMITTEE: Children and Family Law

ANALYSIS

This bill requires the judicial council to pay attorneys’ fees for indigent parents in termination of parental rights cases.

This bill was requested by the supreme court.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

13-0333

09/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Thirteen

AN ACT relative to payment of attorneys’ fees for indigent parents in termination of parental rights cases.

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

1 Hearing. Amend RSA 170-C:10 to read as follows:

170-C:10 Hearing. Cases under this chapter shall be heard by the court sitting without a jury. The hearing may be conducted in an informal manner and may be adjourned from time to time. The general public and any member of the news media shall be excluded, and only such persons admitted whose presence is requested by any person entitled to notice under RSA 170-C:7 or as the judge shall find to have a direct interest in the case or in the work of the court; provided that persons so admitted shall not disclose any information secured at the hearing which would identify an individual child or parent who is involved in the hearing. The court may require the presence of witnesses deemed necessary to the disposition of the petition. When termination of the parent-child relationship is sought, the parent shall be notified at the same time notice is given pursuant to RSA 170-C:7 of his right to counsel, and if counsel is requested and the parent is financially unable to employ counsel, counsel shall be provided by the court and shall be paid for by the judicial council in accordance with RSA 170-C:13, III. The court’s finding with respect to grounds for termination shall be based upon clear and convincing evidence, provided that relevant and material information of any nature, including that contained in reports, studies or examinations, may be admitted and relied upon to the extent of its probative value. When information contained in a report, study or examination is admitted in evidence, the person making such a report, study or examination shall be subject to both direct and cross-examination if he or she is residing or working within the state, or if he or she is otherwise reasonably available.

2 Fees and Court Costs. Amend RSA 170:13, III to read as follows:

III. When appointment of counsel is made by the court pursuant to RSA 170-C:10 for a parent determined to be financially unable to employ counsel, the court shall use a financial eligibility guideline established by the office of cost containment to determine if the party is indigent. Upon determination that the party is indigent, the court may appoint counsel, subject to an order of repayment through the office of cost containment. The judicial council shall bear [no] the financial responsibility for the payment of [appointed attorney] costs [in such cases where the state is not the moving party for the termination of parental rights. The court shall pay for the appointment of counsel for an indigent parent made] for attorneys appointed pursuant to RSA 170-C:10 in accordance with the financial eligibility guideline established by the office of cost containment.

3 Effective Date. This act shall take effect July 1, 2013.

LBAO

13-0333

Revised 02/20/13

HB 327 FISCAL NOTE

AN ACT relative to payment of attorneys’ fees for indigent parents in termination of parental rights cases.

FISCAL IMPACT:

      The Judicial Council and the Judicial Branch state this bill, as introduced, will have no fiscal impact on state, county, and local revenues or expenditures.

METHODOLOGY:

    The Judicial Council and the Judicial Branch state the proposed legislation places the financial responsibility for the payment of attorney costs for indigent parents in cases involving the termination of parental rights with the Judicial Council. The Council states currently the Council is responsible for payment of these attorney fees in cases where the state is the moving party while the Judicial Branch is responsible for payment of attorneys in cases where the state is not the moving party. This bill will result in approximately $50,000 of costs now paid by the Judicial Branch being paid by the Council. The Council states the proposed legislation will have no overall fiscal impact on state expenditures as it merely consolidates the financial responsibility for payment of attorney fees for indigent parents in parental termination cases.