Revision: March 7, 2013, midnight
HB 671-FN – AS AMENDED BY THE HOUSE
6Mar2013… 0431h
6Mar2013… 0564h
2013 SESSION
09/04
HOUSE BILL 671-FN
AN ACT restoring state payment of fees for attorneys in child abuse and neglect cases where the parents are indigent.
SPONSORS: Rep. Coulombe, Coos 3; Rep. Horrigan, Straf 6; Rep. Gale, Hills 28
COMMITTEE: Children and Family Law
This bill restores state payment of fees for attorneys in child abuse and neglect cases where the parents are indigent.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
6Mar2013… 0431h
6Mar2013… 0564h
13-0420
09/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT restoring state payment of fees for attorneys in child abuse and neglect cases where the parents are indigent.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Child Protection Act; Liability of Expenses. Amend RSA 169-C:27, I(f) to read as follows:
(f) [Neither] Notwithstanding any provision of law to the contrary, the department [nor the judicial council] shall have [authority] no responsibility for the payment of the cost of assigned counsel for any party under this chapter.
2 Adequate Representation Costs. Amend RSA 604-A:1-a to read as follows:
604-A:1-a Neglected or Abused Children. In cases involving a neglected or abused child, when a guardian ad litem is appointed for the child as provided in RSA 169-C:10, the cost of such appointment shall be paid from funds appropriated for indigent defense pursuant to this chapter. In cases involving a neglected or abused child, when an attorney is appointed to represent a parent determined to be indigent pursuant to RSA 169-C:10, II, at the preliminary hearing or a hearing pursuant to RSA 169-C:6-a, III, whichever occurs earlier, the cost of such appointment shall be paid from funds appropriated for indigent defense pursuant to this chapter.
3 Child Protection Act; Preliminary Hearing. Amend RSA 169-C:15, III(a) to read as follows:
(a) Appoint a CASA or other approved program guardian ad litem or an attorney [or other qualified guardian ad litem] to represent the child pursuant to RSA 169-C:10.
4 Child Protection Act; Appointment of Counsel. Amend RSA 169-C:10, II(a) to read as follows:
(a) In cases involving a neglected or abused child under this chapter, where the child’s expressed interests conflict with the recommendation for dispositional orders of the guardian ad litem, the court may appoint an attorney to represent the interests of the child. In any case of neglect or abuse brought pursuant to this chapter, the court shall appoint an attorney to represent an indigent parent alleged to have neglected or abused his or her child. In addition, the court may appoint an attorney to represent an indigent parent not alleged to have neglected or abused his or her child if the parent is a household member and such independent legal representation is necessary to protect the parent’s interest. The court shall not appoint an attorney to represent any other persons involved in a case brought under this chapter.
5 Effective Date. This act shall take effect July 1, 2013.
LBAO
13-0420
Revised 02/20/13
HB 671 FISCAL NOTE
AN ACT restoring state payment of fees for guardians ad litem and attorneys where the parents are indigent.
FISCAL IMPACT:
The Judicial Branch and the Judicial Council state this bill, as introduced, will increase state expenditures by an indeterminable amount in FY 2014 and each fiscal year thereafter. There will be no fiscal impact on state, county, and local revenues, or county and local expenditures.
METHODOLOGY:
The Judicial Branch and the Judicial Council state this bill restores state payment of fees for guardians ad litem in domestic cases, attorneys in abuse and neglect cases, and attorneys and guardians ad litem in termination of parental right cases for parents determined to be indigent.
The Judicial Branch states the provision of the proposed legislation establishing compensation for guardians ad litem and others utilized by the guardian and approved by the court shall be based upon the applicable fee schedule established by the Supreme Court for indigent defense counsel for parents in proceedings for divorce, separation, annulment, paternity, or determination of parental rights and responsibilities determined to be indigent represents a return to statutory requirements in place prior to changes made to state statute in 2011 (Chapter 224:65-79, Laws of 2011). Assuming the Branch would bear the financial responsibility for this provision of the proposed legislation and based on financial data from FY 2010, the most recent fiscal year in which the state bore this financial responsibility in its entirety, the Branch estimates this provision of the bill would increase state expenditures by $1,100,000 in FY 2014 and each fiscal year thereafter. Similarly, the Branch states the provisions of the proposed legislation requiring the Judicial Council to pay for counsel assigned to represent indigent parents in abuse and neglect proceedings represents a reversal of changes made to statute in 2011. The Branch notes the 2011 legislative change was challenged and the Supreme Court ruled the state was obligated to make “a determination of whether appointed counsel is necessary to adequately reduce the risk of erroneous deprivation”. Since that ruling, the Branch states they have been paying the cost of assigned council for indigent parents in abuse and neglect cases. Although the proposed legislation assigns this financial responsibility to the Judicial Council, the Branch states their budgetary estimate of the costs of providing counsel to indigent parents in abuse and neglect cases for FY 2014 and FY 2015 is $600,000 per fiscal year. Accordingly, the Branch estimates this provision of the proposed legislation will reduce Branch expenditures by $600,000 in FY 2014 and each fiscal year thereafter.
Based on FY 2010 costs associated with the provision of counsel assigned to represent indigent parents in abuse and neglect proceedings, the Judicial Council estimates the reestablishment of this requirement as provided for in the proposed legislation will increase Judicial Council expenditures by $1,200,000 in FY 2014. The Council believes by working in conjunction with the Judicial Branch various methods of reducing these costs including such things as the establishment of fixed fee contracts and rigorous enforcement of fee caps could be devised. However, the Council is unable to estimate to what extent these measures would reduce the estimated expenditures of $1,200,000 in FY 2015 and each fiscal year thereafter. The Council also notes the proposed legislation removes the statutory requirement for the court to first seek to appoint a Court Appointed Special Advocate (CASA) volunteer prior to the assignment of a certified guardian ad litem and instead allows the court to appoint either a CASA volunteer or a certified guardian ad litem at their own discretion. The Council notes to the extent the courts appoint certified guardians ad litem over CASA volunteers state expenditures would increase. The Council is unable to estimate to what extent this provision of the proposed legislation would increase state expenditures. The Judicial Council also estimates it would require the addition of at least one half time account technician to handle the increased workload associated with processing payments for counsel appointed to indigent parents for abuse and neglect matters. The Council states the addition of a half time account technician would increase state expenditures by $14,283 in FY 2014 and each fiscal year thereafter.
The Judicial Branch and the Judicial Council state the proposed legislation’s provision transitioning the financial responsibility for payment of guardians ad litem appointed in cases involving the termination of parental rights from the Branch to the Council will have no fiscal impact on state expenditures.
This bill does not contain an appropriation or authorize any additional positions.