HB 538-FN – AS INTRODUCED

2011 SESSION

11-0725

05/04

HOUSE BILL 538-FN

AN ACT establishing a reporting system for court decisions relative to the determination of parental rights and responsibilities and the appointment of guardians ad litem.

SPONSORS: Rep. Oligny, Rock 8; Rep. Sapareto, Rock 5; Rep. Baldasaro, Rock 3; Rep. Ulery, Hills 27; Rep. Itse, Rock 9; Rep. Lambert, Hills 27

COMMITTEE: Judiciary

ANALYSIS

This bill establishes a reporting system for court decisions relative to the determination of parental rights and responsibilities and the appointment of guardians ad litem.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11-0725

05/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT establishing a reporting system for court decisions relative to the determination of parental rights and responsibilities and the appointment of guardians ad litem.

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

1 New Section; Vital Records Administration; Record of Parental Rights and Responsibilities. Amend RSA 5-C by inserting after section 61 the following new section:

5-C:61-a Record of Parental Rights and Responsibilities. The division of vital records shall collect information relative to the determination of parental rights and responsibilities from the courts, pursuant to RSA 461-A:6-a and RSA 490-D:16. Such information be available to parties with a tangible interest in the record. The department also shall make statistical information relative to the determination of parental rights and responsibilities available to the public upon request.

2 New Section; Parental Rights and Responsibilities; Information Provided to State Registrar. Amend RSA 461-A by inserting after section 6 the following new section:

461-A:6-a Information Provided to State Registrar. Upon issuing or modifying a temporary or permanent order concerning parental rights and responsibilities, the court shall provide the following information to the state registrar:

I. Whether decision making responsibility for the child shall be with both parents, the mother, the father, or another person.

II. Whether residential responsibility shall be shared equally, or approximately equally, by the child’s parents, or if it shall be primarily the responsibility of the mother, father, or another party.

III. Whether a guardian ad litem was appointed, and whether the guardian ad litem recommended that decision making responsibility and primary residential responsibility be awarded to both parents, the mother, father, or another party.

IV. The type of petition: a petition for divorce, petition for separation, or petition for determination of parental rights and responsibilities.

V. The date of the order relative to parental rights and responsibilities and the date of the divorce decree, if any.

VI. The name of the hearing official.

3 New Section; Family Court Performance Data. Amend RSA 490-D by inserting after section 15 the following new section:

490-D:16 Family Court Performance Data. The judicial branch family division shall collect the following information regarding cases involving the determination of parental rights and responsibilities, and shall submit the information to the division of vital records on a monthly basis:

I. The number of pending cases involving the determination of parental rights and responsibilities.

II. The number of temporary and final orders issued regarding the determination of parental rights and responsibilities.

III. The number of cases assigned a guardian ad litem and, for each case in which a guardian ad litem report was filed, a predetermined reason code summarizing the basis for the guardian ad litem’s recommendation relative to the determination of parental rights and responsibilities. The number of reason codes shall be minimized to the extent practicable, while still capturing the basis for the recommendation.

IV. The number of cases in which decision making responsibility was awarded to both parents, the mother, the father, or another person.

V. The number of cases in which residential responsibility was awarded to both parents, the mother, father, or another person.

4 Determination of Parental Rights and Responsibilities; Guardian Ad Litem Performance Data. Amend RSA 461-A:16, VI to read as follows:

VI. The supreme court shall provide the following relative to guardians ad litem appointed pursuant to this section:

(a) Standards and requirements for registration as a guardian ad litem.

(b) Standards for practice, including but not limited to ethical rules.

(c) Disciplinary procedures for violating ethical rules and requirements established under this paragraph.

(d) Penalties for violation of ethical rules and requirements, including, as the court may deem necessary, fines or disciplinary action, or both.

(e) Monthly statistical information relative to the number of guardian ad litem applications, certifications, and denials, including the applicants’ gender and predetermined reason codes summarizing the basis for denials. The number of reason codes shall be minimized to extent practicable, while still capturing the basis for the decision.

(f) Methods for evaluating performance, including the development of a questionnaire to be distributed to each of the parties to cases in which a guardian ad litem was assigned. The questionnaire shall be designed to gauge the parties’ satisfaction with guardian ad litem services and may include questions relative to the guardian ad litem’s performance, legal knowledge, attentiveness, bias and objectivity, and degree of preparedness. A bi-annual report summarizing information gathered under subparagraphs (e) and (f), including statistical information gathered from the questionnaires, shall be made available to the public.

5 Effective Date. This act shall take effect 60 days after its passage.

LBAO

11-0725

01/19/11

HB 538-FN - FISCAL NOTE

AN ACT establishing a reporting system for court decisions relative to the determination of parental rights and responsibilities and the appointment of guardians ad litem.

FISCAL IMPACT: