3/9/00.....3617s

20april00.....4089h

17may00.....4304h

5/31/00.....4671cofc

2000 SESSION

00-2766

04/01

SENATE BILL 448

AN ACT establishing a guardian ad litem board.

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill establishes a guardian ad litem board responsible for the training, licensing, discipline, and other activities of guardians ad litem in New Hampshire and also provides that the board shall be administratively attached to the department of administrative services. The bill also provides $10,000 in startup costs to the board.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

3/9/00.....3617s

20april00.....4089h

17may00.....4304h

5/31/00.....4671cofc

00-2766

04/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand

AN ACT establishing a guardian ad litem board.

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

321:1 New Subdivision; Guardian ad Litem Board. Amend RSA 463 by inserting after section 32 the following new subdivision:

Guardian ad Litem Board

463:33 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.

463:34 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) The executive director of the New Hampshire judicial council.

(c) One member of Court Appointed Special Advocates (CASA), appointed by the appropriate appointing authority.

(d) 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.

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

(f) 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.

463:35 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 appointed under RSA 463:34, I (e) and (f) 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.

463:36 Duties of the Board. The board shall adopt rules, pursuant to RSA 541-A, relative to the following:

I. Training requirements necessary for becoming certified as a guardian ad litem in this state.

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

III. Continuing educational requirements for guardians ad litem.

IV. An application process, minimum criteria, and certification fees for becoming certified as a guardian ad litem.

V. A list of specific duties to be performed by guardians ad litem, and ensure that such duties are consistent with the provisions of RSA 463.

VI. A formal process whereby the performance of the duties of guardians ad litem may be evaluated.

VII. A list of those guardians ad litem statewide who are certified and in good standing and make such list available to the general public online through Webster, the official internet site for the state of New Hampshire.

VIII. Investigating the current cost and fee structure established under New Hampshire supreme court rules 48 and 49-A, and making recommendations to the legislature for appropriate action as necessary.

IX. Procedures for processing complaints and addressing disciplinary issues involving guardians ad litem.

X. A schedule of fees required for obtaining certification as a guardian ad litem.

463:37 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 463:36, and for the actions of its volunteer members who are appointed by the court as guardians ad litem in child abuse and neglect cases.

463:38 Administrative Attachment. The board shall be administratively attached to the department of administrative services.

321:2 Judicial Branch; Statewide Expenditures Adjusted. Amend 1999, 159:1.02, 01, 05 as follows:

FY 2000 FY 2001

Strike out:

96 GAL regulation & admin 10,000 10,000

Strike out:

Total 9,174,592 9,216,808

Estimated source of funds for

statewide expenditures

General Fund 9,174,592 9,216,808

Total 9,174,592 9,216,808

Insert in place thereof:

Total 9,164,592 9,206,808

Estimated source of funds for

statewide expenditure

General fund 9,164,592 9,206,808 Total 9,164,592 9,206,808

321:3 Administrative Services; Office of the Commissioner; Guardian ad Litem Board Startup. Amend 1999, 159:1 by inserting the following new PAU:

FY 2000 FY 2001

01 General Government

04 Dept Administrative Services

01 Office of the Commissioner

01 Commissioner-Administration

91 Guardian ad litem board startup F* 10,000 10,000

* Expenditures may include, but are not limited to, equipment and part-time personnel services.

321:4 Administrative Services; Office of the Commissioner; Totals Adjusted. Amend 1999, 159:1.01, 04, 01, 01 as follows:

FY 2000 FY 2001

Strike out:

Total 172,005 181,315

Estimated source of funds

for commissioner-administration

General fund 172,005 181,315

Total 172,005 181,315

Insert in place thereof:

Total 182,005 191,315

Estimated source of funds

for commissioner-administration

General fund 182,005 191,315

Total 182,005 191,315

321:5 Effective Date. This act shall take effect upon its passage.

(Approved: June 21, 2000)

(Effective Date: June 21, 2000)