2/14/02 2342s

17apr02...3163h

5/2/02 3684eba

2002 SESSION

02-3110

06/09

SENATE BILL 367

COMMITTEE: Judiciary

ANALYSIS

This bill recodifies the guardian ad litem board, adds 2 legislative members to the board, and makes certain other technical changes.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

2/14/02 2342s

17apr02...3163h

5/2/02 3684eba

02-3110

06/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Two

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

206:1 New Chapter; Guardian Ad Litem Board. Amend RSA by inserting after chapter 490-B the following new chapter:

CHAPTER 490-C

GUARDIAN AD LITEM BOARD

490-C:1 Board Established. There is hereby established a guardian ad litem board which shall be responsible for overseeing the credentialing, activities, and discipline for guardians ad litem appointed in New Hampshire.

490-C:2 Membership.

I. The board shall consist of the following members:

(a) One member representing the New Hampshire supreme court, appointed by the chief justice of the New Hampshire supreme court.

(b) One member of the senate, appointed by the president of the senate.

(c) One member of the house, appointed by the speaker of the house.

(d) The executive director of the New Hampshire judicial council.

(e) One member of Court Appointed Special Advocates (CASA), nominated by the director of CASA and appointed by the governor.

(f) One member representing the division of children, youth, and families, or Casey family services, or another child protection agency in the state, appointed by the governor.

(g) One member representing the interests of guardians ad litem, appointed by the governor.

(h) Two members of the general public representing the interests of those individuals receiving the services of guardians ad litem, appointed by the governor.

II. The members of the board shall serve without compensation.

III. All members of the board shall be New Hampshire residents.

490-C:3 Terms of Appointment; Organization; Meetings.

I.(a) The terms of the executive director of the judicial council, the member representing the New Hampshire supreme court, and the member representing the child protection agency shall be for 5 years and until a successor is appointed. The terms of the members representing the senate and house shall be concurrent with their terms of office. The terms of the members appointed under RSA 490-C:2, I(g) and (h) shall be for 3 years. Vacancies in board membership shall be filled in the same manner as the original appointment.

(b) All initial appointments to the board shall be made within 60 days of the effective date of this section.

II. The board shall elect a chairperson and secretary from among its members.

III. The board shall conduct regular meetings on a monthly basis or at such other times as may be determined by the board or its chairperson.

490-C:4 Duties of the Board. The duties of the board include:

I. Commissioning the participation of Franklin Pierce Law Center, the regional community-technical college system, or another appropriate in-state educational institution to provide training for guardians ad litem on a tuition basis.

II. Compiling and maintaining a list of those guardians ad litem statewide who are certified and in good standing and making such list available to the general public online through Webster, the official internet site for the state of New Hampshire, maintained by the department of administrative services or its designee.

III. Investigating the current cost and fee structure established under New Hampshire supreme court rules 48 and 48-A, and making recommendations to the legislature for appropriate action as necessary.

490-C:5 Rulemaking Authority. The board shall adopt rules for guardians ad litem, pursuant to RSA 541-A, relative to the following:

I. Application process and certification criteria.

II. Training requirements.

III. Continuing educational requirements.

IV. Specific duties to be performed, consistent with the provisions of RSA 463.

V. Formal evaluation process for performance.

VI. Procedures for processing complaints and addressing disciplinary issues.

VII. Fee schedule for obtaining certification.

490-C:6 Court Appointed Special Advocates. Court Appointed Special Advocates (CASA) of New Hampshire shall be accountable to the guardian ad litem board for complying with the training requirements established by the board under RSA 490-C:5, II and for the actions of its volunteer members who are appointed by the court as guardians ad litem in child abuse and neglect cases.

490-C:7 Administrative Attachment. The board shall be administratively attached to the department of administrative services.

206:2 Transition; Regulation of Guardian Ad Litems. New Hampshire court rules adopted prior to the effective date of this act shall remain in effect until replaced through the adoption of rules by the guardian ad litem board under RSA 490-C, as inserted by this act.

206:3 Repeal. RSA 463:33 - 463:38, relative to the guardian ad litem board, are repealed.

206:4 Effective Date. This act shall take effect upon its passage.

(Approved: May 16, 2002)

(Effective Date: May 16, 2002)