Revision: Dec. 18, 2015, midnight
\t \t\tSB 337 - AS INTRODUCED
2016 SESSION
\t16-2755
\t05/09
SENATE BILL\t337
AN ACT\tregarding the immunity of court-appointed special advocates.
SPONSORS:\tSen. Bradley, Dist 3; Sen. Carson, Dist 14; Sen. D'Allesandro, Dist 20; Sen. Reagan, Dist 17; Rep. Abbott, Ches. 1; Rep. Ford, Graf. 3; Rep. Gargasz, Hills. 27; Rep. P. Long, Hills. 10; Rep. Wallner, Merr. 10; Rep. Danielson, Hills. 7; Rep. Kenison, Merr. 15; Rep. Barry, Hills. 21; Rep. Welch, Rock. 13
COMMITTEE:\tJudiciary
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ANALYSIS
\tThis bill codifies the immunity of a court-appointed special advocate (CASA) appointed to serve as a child's guardian ad litem in an abuse and neglect proceeding under RSA 169-C.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2755
\t05/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\tregarding the immunity of court-appointed special advocates.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Purpose. The purpose of this act is to codify the immunity of court-appointed special advocates (CASAs) appointed by the court pursuant to RSA 169-C:10, I, who serve as guardians ad litem for abused and neglected children, consistent with the supreme court’s decision in Robert Surprenant v. Deborah Mulcrone, 163 NH 529 (2012), and to clarify that this same immunity extends to the CASA of New Hampshire organization, its volunteer staff and employees.
\t2 Immunity from Liability. Amend RSA 169-C:31 to read as follows:
\t169-C:31 Immunity From Liability.
\t\tI. Anyone participating in good faith in the making of a report pursuant to this chapter is immune from any liability, civil or criminal, that might otherwise be incurred or imposed. Any such participant has the same immunity with respect to participation in any investigation by the department or judicial proceeding resulting from such report.
\t\tII. A court-appointed special advocate, (CASA), appointed pursuant to RSA 169-C:10, I, together with CASA of New Hampshire, the organization, its volunteer staff, and its employees through which the CASA advocate was appointed, trained, and supervised, is immune from any liability, civil or criminal, that might otherwise be incurred or imposed, directly or indirectly arising out of, or in connection with, any act or omission within the CASA’s activities and authority as a court-appointed special advocate.
\t3 Effective Date. This act shall take effect 60 days after its passage.