HB 207-FN – AS INTRODUCED
2005 SESSION
05/09
HOUSE BILL 207-FN
AN ACT relative to the appointment of a guardian ad litem in adoption proceedings.
SPONSORS: Rep. B. Richardson, Ches 5; Rep. Julie Brown, Straf 1; Rep. Pratt, Ches 2; Rep. Dokmo, Hills 6
COMMITTEE: Children and Family Law
This bill requires the court to appoint a guardian ad litem for the child in an adoption proceeding, unless it is a stepparent adoption.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05-0305
05/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT relative to the appointment of a guardian ad litem in adoption proceedings.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Who May Be Adopted; Requirements; Guardian Ad Litem Appointed. Amend RSA 170-B:3, II to read as follows:
II. [If the adoptee is alleged to be incapacitated, incompetent, mentally ill, developmentally disabled, or is in any other way emotionally or mentally deficient, the court may also] Unless the adoptee is an adult or the adoption is by a stepparent, prior to the first hearing, the court shall appoint a guardian ad litem to protect that adoptee's interests.
2 Effective Date. This act shall take effect January 1, 2006.
LBAO
05-0305
01/04/05
HB 207-FN - FISCAL NOTE
AN ACT relative to the appointment of a guardian ad litem in adoption proceedings.
FISCAL IMPACT:
The Judicial Branch and the Judicial Council have determined this bill will increase State general fund expenditures by an indeterminable amount in FY 2006 and each year thereafter. There will be no fiscal impact on county and local expenditures, and state, county, and local revenue.
METHODOLOGY:
The Judicial Branch states this bill would make appointment of a guardian ad litem for an adoptee mandatory in all adoptions unless the adoptee is an adult or the adoption is by a stepparent. The Judicial Branch estimates the Probate Court and Family Division processed 384 adoptions of an unrelated minor in 2003. The Judicial Branch states this bill would increase State general fund expenditures in the Judicial Branch by $15,372 in FY 2006 and $30,743 in FY 2007 and each year thereafter. The expenditure increase includes salary and benefits for clerical staff and bailiffs, salary and benefits for full-time and part-time judges, and postage costs.
The Judicial Council states this bill may increase State general fund expenditures for guardian ad litems by an indeterminate, but potentially significant amount. The Judicial Council pays the expenses for most guardian ad litems appointed under the statutes when the parties are indigent. Currently guardian ad litems receive a $60 per hour rate, and may be eligible to receive payment for other expenses related to the case. The Judicial Council states it is not possible to predict the number of guardian ad litem appointments that may result from this bill or the total cost associated with those appointments.