Revision: May 15, 2024, 4:37 p.m.
House Finance
May 14, 2024
2024-1971h
09/08
Amendment to SB 463-FN
Amend the bill by replacing all after section 1 with the following:
2 Child Protection Act; Attorneys and Guardians Ad Litem. Amend RSA 169-C:10 to read as follows:
169-C:10 Attorneys and Guardians Ad Litem.
I. In cases brought pursuant to this chapter involving a neglected or abused child, the court shall appoint a Court Appointed Special Advocate (CASA) or other approved program guardian ad litem for the child. If a CASA or other approved program guardian ad litem is unavailable for appointment, the court may then appoint an attorney or other guardian ad litem as the guardian ad litem for the child. The court shall not appoint an attorney for any guardian ad litem appointed for the child. The CASA or other approved program guardian ad litem shall have the same authority and access to information as any other guardian ad litem. For purposes of this paragraph, "unavailable for appointment" means that there is no CASA or other approved program guardian ad litem available for appointment by the court following a finding of reasonable cause at the preliminary hearing held under RSA 169-C:15 so that the child's interests may effectively be represented in preparation for and at an adjudicatory hearing.
II.(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 expressed interests of the child. If a child’s request for appointment of counsel is denied, the court shall state the reason for denial in an order or on the record. The child shall be notified of the court’s decision. 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.
(b) In cases under this chapter, subject to the phase-in schedule established in subparagraph II(e), the court shall appoint an attorney to represent the expressed interests of a child who is placed in any group home or child care institution as defined in RSA 170-E:25 or certified by the department for the care of children placed pursuant to RSA 169-C, or in any state operated residential treatment program. Except in the case of an emergency, if the department determines that the child's needs indicate such placement should be considered, the department shall notify the court within 2 business days of such determination, and the court shall appoint counsel to represent the expressed interests of the child. Such notification shall occur prior to referral for an independent assessment or submission of child-specific information to such placement. In the case of an emergency necessitating immediate placement of a child in a group home, child care institution, or any state operated residential treatment program, the department shall notify the court within 2 business days of such placement.
[(b)] (c) When an attorney is appointed as counsel for a child, representation may include counsel and investigative, expert and other services, including process to compel the attendance of witnesses, as may be necessary to protect the rights of the child.
(d) An attorney appointed as counsel for the child shall have the right to request to view and copy the child’s medical, dental, psychological, psychiatric, educational, and counseling records, including those maintained by any group home or child care institution as defined in RSA 170-E:25. Such request shall not be denied except for good cause shown. Records provided to counsel under this subparagraph shall only be used for proceedings under this chapter.
(e)(1) The following phase-in schedule shall apply for the appointment of counsel for children already placed in any group home, childcare institution, or state-operated residential treatment program as of July 1, 2025. Children who are placed in any group home, childcare institution, or state-operated residential treatment program that is located outside of New England as of July 1, 2025 shall be entitled to counsel no later than July 31, 2025. Children who are placed in any group home, childcare institution, or state-operated residential treatment program located within New England as of July 1, 2025 shall be entitled to counsel no later than the following dates:
(A) For children 16 and 17 years of age, July 31, 2025.
(B) For children 14 and 15 years of age, October 31, 2025.
(C) For children 12 and 13 years of age, January 31, 2026.
(D) For children 10 and 11 years of age, April 30, 2026
(E) For children 9 years of age or younger, July 31, 2026.
(2) Notwithstanding this subparagraph, in any action in which, despite diligent efforts to secure counsel, an attorney is not available for appointment, litigation may proceed until an attorney becomes available. In such cases, the court shall, where possible, prioritize consideration of legal issues that do not affect the child’s expressed interests until an attorney becomes available.
III. The New Hampshire supreme court shall adopt rules regarding the duties and responsibilities of the CASA guardian ad litem or other guardian ad litem appointed for the child.
3 2026 Statutory Change Following Repeal of Subparagraph; Child Protection Act; Attorneys and Guardians Ad Litem. Amend RSA 169-C:10 to read as follows:
(b) In cases under this chapter, [subject to the phase-in schedule established in subparagraph II(e),] the court shall appoint an attorney to represent the expressed interests of a child who is placed in any group home or child care institution as defined in RSA 170-E:25 or certified by the department for the care of children placed pursuant to RSA 169-C, or in any state operated residential treatment program. Except in the case of an emergency, if the department determines that the child's needs indicate such placement should be considered, the department shall notify the court within 2 business days of such determination, and the court shall appoint counsel to represent the expressed interests of the child. Such notification shall occur prior to referral for an independent assessment or submission of child-specific information to such placement. In the case of an emergency necessitating immediate placement of a child in a group home, child care institution, or any state operated residential treatment program, the department shall notify the court within 2 business days of such placement.
4 New Paragraph; Foster Care Children's Bill of Rights; Right to Request an Attorney in a Child Protection Case. Amend RSA 170-G:21 by inserting after paragraph XIV the following new paragraph:
XIV-a. To be informed of the right to request an attorney under RSA 169-C:10, II(a) and of the guaranteed right to an attorney under RSA 169-C:10, II(b). The department shall provide the child with a written statement of these rights and the process by which to request an attorney.
5 Prospective Repeal. RSA 169-C:10, II(e), relative to phase-in schedule for appointment of counsel, is repealed.
I. Sections 3 and 5 of this act shall take effect August 1, 2026.
II. The remainder of this act shall take effect July 1, 2025.
2024-1971h
AMENDED ANALYSIS
This bill makes various changes regarding the appointment of counsel for children, including providing a right to an attorney in certain situations, subject to a phase-in schedule.