HB 535-FN - AS INTRODUCED
2023 SESSION
23-0588
04/05
HOUSE BILL 535-FN
AN ACT requiring an attorney for a child who is the subject of a proceeding in a family court case.
SPONSORS: Rep. Hoell, Merr. 27; Rep. Mazur, Hills. 44
COMMITTEE: Children and Family Law
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ANALYSIS
This bill changes the point at which an attorney would be appointed for a child where the child's interests conflict with a recommendation of the guardian ad litem. The bill also provides that a minor child shall be entitled to representation by counsel in cases in the judicial branch family division.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23-0588
04/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT requiring an attorney for a child who is the subject of a proceeding in a family court case.
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. II(a) to read as follows:
II.(a) In cases involving a neglected or abused child under this chapter, where the child's expressed interests conflict with [the] any recommendation [for dispositional orders] of the guardian ad litem, the court may appoint an attorney to represent the interests of the child. 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.
2 New Section; Judicial Branch Family Division; Minor Child Right to Counsel. Amend RSA 490-D by inserting after section 3 the following new section:
490-D:3-a Right to Counsel for a Minor Child. In all proceedings in the judicial branch family division, a minor child who is the subject of such proceedings shall be entitled to representation by counsel.
3 Effective Date. This act shall take effect 60 days after its passage.
23-0588
Revised 1/13/23
HB 535-FN- FISCAL NOTE
AS INTRODUCED
AN ACT requiring an attorney for a child who is the subject of a proceeding in a family court case.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2023 | FY 2024 | FY 2025 | FY 2026 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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METHODOLOGY:
This bill changes the point at which an attorney would be appointed for a child where the child's interests conflict with a recommendation of the guardian ad litem(GAL). The bill also provides that a minor child shall be entitled to representation by counsel in cases in the Judicial Branch family division.
The Judicial Council states under existing law, the court has such authority whenever the interests of the child conflict with a GAL’s dispositional recommendation. The Council understands the proposed change in statutory language to mean that the court’s ability to appoint an attorney would be expanded to any hearing at any stage of the proceedings where such a recommendation is being made. Once an attorney is appointed, the assumption is that the attorney will remain involved in the case and appear at all future hearings. Under the proposed amendment to RSA 169-C:10, the decision of whether to appoint a child an attorney remains in the discretion of the court and is not mandatory in all cases. In FY 2023 to date, the Judicial Council expenditures under RSA Chapter 169-C have totaled $711,013. (An average of $1,789/case). The Council has no clear data that would allow it to predict the likelihood that a court will appoint an attorney to represent a child. However, the Council anticipates the family court would appoint counsel to children in more cases and there will be some increase in expenditures for this account. The proposed new statute, RSA 490-D:3-a, would create a statutory right to counsel for a minor child in all cases to which the statute applies. The Council indicates, although the proposed statute creates a right to counsel, the bill does not direct a court to appoint counsel and, does not include a public funding source for such representation. Accordingly, the Council assumes the intent of this section is to recognize the right to counsel only, but not to provide a state funded attorney in every case where a child is the subject of family court proceedings. Given this assumption, the Council anticipates no fiscal impact from proposed RSA 490-D:3-a.
The Judicial Branch indicates the fiscal impact of this bill on the Branch is indeterminable. The bill would provide that a minor child who is the subject of such proceedings is entitled to representation by counsel. The bill does not require that such legal counsel be appointed by the Court nor does it require that counsel fees be paid by the Court. The Judicial Branch assumes that legal counsel for the minor child is not appointed or funded by the Court. Adding counsel for the minor child may result in an increase in litigation within those cases, but the Branch is unable to determine whether there would be a fiscal impact.
It is assumed that any fiscal impact would occur after FY 2023.
AGENCIES CONTACTED:
Judicial Branch and Judicial Council