CHAPTER Gal 100 ORGANIZATIONAL RULES
PART Gal 101
PURPOSE
Gal 101.01 Purpose. These rules implement the statutory
responsibilities of the guardian ad litem board pursuant to RSA 490-C.
Source. #8939,
eff 9-15-07; ss
by #14542, eff 4-3-26
PART Gal 102
DEFINITIONS
Gal
102.01 “Board” means the guardian ad
litem board established by RSA 490-C:1.
Source. #8939,
eff 9-15-07; ss
by #14542, eff 4-3-26
Gal 102.02 “Court
Appointed Special Advocates of New Hampshire (CASA)” means the organization of
that name noted in RSA 490-C:6.
Source. #8939,
eff 9-15-07; ss
by #14542, eff 4-3-26
Gal 102.03 “Child”
means a person under the age of 18 years.
Source. #8939,
eff 9-15-07; ss
by #14542, eff 4-3-26
Gal 102.04 “Recipient
of services” means a child or other person whose interests a guardian ad litem
is appointed to represent.
Source. #8939,
eff 9-15-07; ss
by #14542, eff 4-3-26
PART Gal 103
DESCRIPTION OF THE BOARD AND THE BOARD MEMBERS
REVISION
NOTE:
Document
#14542, effective 4-3-26, repealed Gal 103.09, titled “Committees”.
Gal 103.01 Composition
of the Board. The board shall
consist of the members appointed as
specified in RSA 490-C:2, who shall serve terms as specified in RSA 490-C:3.
Source. #8939,
eff 9-15-07; ss
by #14542, eff 4-3-26
Gal 103.02 Quorum. Pursuant to RSA 490-C: 3, IV:
(a) A simple majority of the board members
currently serving shall constitute a quorum; and
(b) Whenever a quorum of the board is unable to
address a particular matter or hear a particular case requiring action by the
board, the members of the board who are able to act may appoint one or more
former members as alternates to address the matter or hear the case, starting
with the most recent members to leave the board and proceeding in reverse
chronological order of former members.
Source. #8939,
eff 9-15-07; ss
by #14542, eff 4-3-26
Gal
103.03 Officers. Pursuant to RSA 490-C: 3, II, the
board shall elect a chairperson and a secretary from among its members.
Source. #8939,
eff 9-15-07; ss
by #14542, eff 4-3-26
Gal
103.04 Responsibilities of the Board. The board’s responsibilities shall include:
(a) Compiling and maintaining a list of those
guardians ad litem who are certified and in good standing and making such list,
as well as such additional information relative to guardians ad litem, whether
or not presently certified and in good standing, and the activities and
functions of the board, available to the general public as specified in RSA
490-C:4, I(a);
(b) In accordance with RSA 490-C:4, I(b),
investigating the current cost and fee structure established under New
Hampshire supreme court rules 48 and 48-A, and making recommendations to the
legislature and the supreme court for appropriate action as necessary;
(c) Establishing requirements and criteria for
the certification, reinstatement, and renewal of certification of guardians ad litem;
(d) Establishing educational requirements, and
continuing educational requirements for guardians ad
litem;
(e) Adopting ethical standards and standards of
practice for board certified guardians ad litem, which
standards may be applied to presently certified guardians
ad litem, and to formerly certified guardians ad litem
alleged to have engaged in acts or omissions prohibited when certified;
(f) Referring matters to the appropriate court
for investigation, resolution, or other action in accordance with RSA 490-C:4,
I(g); and
(g) Engaging in such other functions allowed
under RSA 490-C:4, II as might be necessary for the effective performance of
its duties.
Source. #8939,
eff 9-15-07; amd by #12009, eff 10-21-16;
ss by #14542, eff 4-3-26
Gal
103.05 Board Meetings and Notice.
(a) Pursuant to RSA 490-C:3, III the board shall
meet monthly or at such other times as determined by the board or its
chairperson.
(b) The time and place of the meetings shall be
noticed to the public in accordance with RSA 91-A:2, II.
(c) Pursuant to RSA 91-A:2, II members of the
public may attend board meetings, except for those meetings, or parts of
meetings which are nonpublic sessions as described by RSA 91-A:3 or which
involve matters that are, pursuant to RSA 490-C, orders issued pursuant
thereto, orders of a court, or other law, confidential in nature and not
subject to public disclosure.
(d) Information about the time and place of board
meetings shall be available by telephone at the number stated in Gal 104.01(b)
and by TTY/TDD through the number stated in Gal 104.01(c).
Source. #8939,
eff 9-15-07; ss
by #14542, eff 4-3-26
Gal
103.06 Ineligibility of Board Members
to Participate.
(a) A board member shall not be eligible to vote
on, or participate in, matters pertaining to:
(1) Their own application for certification,
application for renewal, or application for reinstatement;
(2) Any other matter regarding their
certification; or
(3) Subject to the further provisions of
paragraphs (b) through (f) below, any matter coming before the board in which
the member has a present or prior personal, professional, or financial
interest, including, but not limited to, any matter involving the board member
or the board member’s spouse, parent, child, business partner, or business
investments.
(b) A board member shall promptly disclose to the
board any situation in which the interests described in paragraph (a) might be
implicated.
(c) A board member shall recuse themselves from
participating in board deliberations or actions under the circumstances
described in paragraphs (a)(1), (2), or (3) above.
(d) When a board member has disclosed a
circumstance described in subparagraph (a)(3) above and has not concluded that
they must recuse themselves from board deliberations or actions pertaining to
that matter, the question of whether or not the member shall recuse themselves
shall be decided by a majority vote of the members of the board, excluding the
member who made the disclosure.
(e) In the circumstances described in (d), above,
the board member shall recuse themselves if a majority of the voting members of
the board conclude that:
(1) The member making the disclosure, or the
board member's spouse, parent, child, or current business partner, has a
present or prior personal, professional, business, or legal relationship with
any party, intervenor, witness, or counsel that might adversely impact upon the board
member’s ability to fairly, impartially, and fully perform their functions; or
(2) The member making the disclosure has made
statements or engaged in behavior which objectively demonstrates to the voting
members of the board that they have actually prejudged the matter at issue.
(f) Paragraphs (a) through (e) above shall not
prohibit a board member from recusing themselves from any matter in which they
personally believe that their ability to act fairly might reasonably be
questioned.
Source. #8939,
eff 9-15-07; ss
by #14542, eff 4-3-26
Gal 103.07 Minutes of Board Meetings.
(a) Minutes shall be kept of board meetings and
of official actions taken by the board.
(b) Such minutes shall:
(1) Record the members participating in each
vote; and
(2) Separately record the position of members who
dissent, abstain, or concur.
Source. #8939,
eff 9-15-07; ss
by #14542, eff 4-3-26
Gal
103.08 Public Access to Minutes.
(a) Minutes of board actions which are not exempt
from disclosure under RSA 91-A:3, II or RSA 91-A:5, which do not contain
confidential information under RSA 490-C or other law, and which are not
subject to nondisclosure by an order of the court or an order issued pursuant
to RSA 490-C, shall be public records.
(b) Subject to (a), above, the minutes shall be
available for inspection during the board’s ordinary office hours within 5 days
from the close of the meeting or vote in question unless the 72 hour
availability requirement of RSA 91-A:3, III is applicable.
Source. #8939,
eff 9-15-07; amd by #12009, eff 10-21-16; ss
by #14542, eff 4-3-26
PART Gal 104
PUBLIC REQUESTS FOR INFORMATION
Gal 104.01 Office Location and Mailing Address,
Telephone Number and Number for TTY/TDD Users and Website.
(a) The board’s office location and mailing
address is:
Guardian ad Litem Board
c/o New Hampshire Office of
Professional Licensure and Certification (OPLC)
7 Eagle Square
Concord, NH 03301
(b) The board’s telephone number is (603)
271-2152.
(c) Access for in-state TTY/TDD users is through
Relay New Hampshire by dialing 711 or dialing 1-800-735-2964.
(d)
The board’s website can be found at https://www.oplc.nh.gov/guardian-ad-litem-board.
Source. #8939,
eff 9-15-07, paras (a) & (b)
EXPIRED: 7-1-16 pursuant to RSA 541-A:17, II and 2015, 276:45 and
276:62; amd by #12009,
eff 10-21-16; ss by #14542, eff 4-3-26
Gal
104.02 Communications with the Board. Persons wishing to correspond with the board
shall use the contact information required by Gal 104.01 above.
Source. #8939,
eff 9-15-07; ss
by #14542, eff 4-3-26
Gal
104.03 Public Access to Records.
(a) Pursuant to RSA 91-A:4, members of the public
may inspect and copy those records of the board, including meeting minutes,
which are public records and not confidential or exempt, precluded, or
prohibited from disclosure under RSA 91-A:5, RSA 490-C:5-b, other applicable
law, or orders issued pursuant thereto.
(b) Requests for information and access to
records shall be submitted as required by Plc 104.
(c) Persons desiring copies of public records
shall reasonably describe the information being sought and pay the applicable
fee required by Plc 1001.05.
Source. #8939,
eff 9-15-07; ss
by #14542, eff 4-3-26
APPENDIX
|
Rule |
Specific
State Statute the Rule Implements |
Gal
101.01
|
RSA
541-A:16, I(a)
|
Gal
102.01 – Gal 102.04
|
RSA
541-A:16, I(a)
|
Ga1
103.01
|
RSA
490-C:2; RSA 490-C:3
|
Ga1
103.02
|
RSA
490-C:3; IV
|
Ga1
103.03
|
RSA
490-C:3; II
|
Gal
103.04
|
RSA
490-C:4; I, II
|
Ga1
103.05
|
RSA
490-C:3, III; RSA 91-A:2, II; RSA 91-A:3; RSA 490-C:5-b
|
Ga1
103.06
|
RSA
490-C:3, IV; RSA 541-A:16, I(a)
|
Ga1
103.07
|
RSA
541-A:16, I(a)
|
Ga1
103.08
|
RSA
490-C:5-b; RSA 91-A:2, II; RSA 91-A:3, II, III; RSA 91-A:5
|
Ga1
104.01 – Gal 104.02
|
RSA
541-A:16, I(a)
|
Ga1
104.03
|
RSA
490-C: 5-b; RSA 91-A:3; RSA 91-A:4; RSA 91-A:5
|