Revision: Nov. 9, 2023, 11:33 a.m.
2024 SESSION
24-3021.0
09/08
SENATE BILL [bill number]
AN ACT expanding access to court-appointed counsel for children in dependency proceedings.
SPONSORS: [sponsors]
COMMITTEE: [committee]
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ANALYSIS
This bill makes various changes regarding the appointment of counsel for children, including providing a right to an attorney in certain situations.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-3021.0
09/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT expanding access to court-appointed counsel for children in dependency proceedings.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 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 issue a written decision specifying the basis for the denial. 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, the court shall appoint an attorney to represent the expressed interests of any child who is placed in any group home or childcare institution as defined in RSA 170-E:25 at any stage of the proceedings. In the case of a child whose needs the department determines indicate that such placement should be considered, the department shall promptly notify the court of such determination and the court shall thereupon appoint counsel to represent the expressed interests of the child. Such notification shall occur prior to referral for an independent assessment or to 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) When an attorney is appointed as counsel for a child, the attorney shall have the authority 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, and upon request shall be provided copies of court records as defined in RSA 169-C:25 and case records as defined in RSA 170-G:8-a.
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.
2 New Paragraph; Foster Care Children's Bill of Rights. 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.
3 Adequate Representation for Indigent Defendants in Criminal Cases; Neglected or Abused Children. 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 expressed interest attorney 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 in 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, including counsel and investigative, expert, or other services and expenses, shall be paid from funds appropriated for indigent defense pursuant to this chapter. Counsel shall petition the court for investigative, expert, or other services necessary to provide adequate representation. In any case in which appointed counsel seeks funds for services other than counsel under this section, the application for such funds may be filed with the court on an ex parte basis and may, upon the request of appointed counsel, be sealed until the conclusion of the representation. If the court finds that such services are necessary and that the parent or child is financially unable to obtain them, the court shall authorize counsel to obtain the necessary services on behalf of the parent or child. Services authorized under this section shall be in addition to payment for expenses provided under RSA 169-C or RSA 170-C.
4 Effective Date. This act shall take effect 60 days after its passage.