SB386: relative to the guardian ad litem board and providing for certification of guardians ad litem.

CHAPTER 189

SB 386 – FINAL VERSION

03/11/04 0662s

29Apr2004… 1328h

05/06/04 1556eba

2004 SESSION

04-3099

09/10

SENATE BILL 386

AN ACT relative to the guardian ad litem board and providing for certification of guardians ad litem.

SPONSORS: Sen. Foster, Dist 13; Rep. Bickford, Straf 68

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill revises the duties and rulemaking authority of the guardian ad litem board and provides for certification of guardians ad litem. The bill also allows the replacement of a board member who is repeatedly absent.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/11/04 0662s

29Apr2004… 1328h

05/06/04 1556eba

04-3099

09/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to the guardian ad litem board and providing for certification of guardians ad litem.

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

189:1 Duties of the Board. RSA 490-C:4 is repealed and reenacted to read as follows:

490-C:4 Duties of the Board.

I. The board shall:

(a) Compile and maintain 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, maintained by the state library or its designee.

(b) Investigate the current cost and fee structure established under New Hampshire supreme court rules 48 and 48-A, and make recommendations to the legislature and the supreme court for appropriate action as necessary.

(c) Establish requirements, criteria, and fees for the certification, recertification, reinstatement, and renewal of certification of guardians ad litem.

(d) Establish educational requirements and continuing educational requirements.

(e) Adopt ethical standards and standards of practice for certified guardians ad litem.

(f) Establish disciplinary procedures, penalties, and sanctions for certified guardians ad litem, which penalties, sanctions, and procedures may include revocation of certification, suspension of certification, the imposition of supplemental training requirements or supervised training requirements, supplemental education, fines, written reprimand, and treatment and counseling, including but not limited to treatment and counseling for alcohol and substance abuse.

(g) Investigate and resolve complaints against certified guardians ad litem. The board may, upon the filing of a complaint against a certified guardian ad litem who holds an appointment in a case under the authority of a court, refer that matter for appropriate investigation and resolution by the appointing court. Such referral may be in lieu of or in addition to the investigatory or disciplinary procedures of the board. The board may further informally resolve complaints by agreement.

II. The board may:

(a) Commission the participation of Franklin Pierce Law Center, the regional community-technical college system, or other appropriate in-state educational institutions to provide training for guardians ad litem on a tuition basis and itself provide training on a tuition basis.

(b) Disclose to and communicate with New Hampshire courts that appoint guardians ad litem or oversee individuals serving as guardians ad litem about discipline imposed upon guardians ad litem certified by the board, grants and denials of certification and the content of any of the board’s files or records on certified guardians ad litem, applicants for certification, and formerly certified guardians ad litem, and other activities of the board.

(c) Establish requirements, criteria, and fees for the conditional certification or temporary certification of guardians ad litem.

(d) Establish fees for the filing of requests for information, for the filing of complaints or petitions, for the processing of changes to information of record, for the provision of training, and for the provision of course material.

(e) Establish procedures by which guardians ad litem appointed in New Hampshire are to report their activities to the board.

(f) Administer oaths or affirmations, preserve testimony, and, on approval of the attorney general, issue subpoenas for witnesses and for documents relative to formal investigations or adjudicatory hearings held by the board.

(g) Gather such information concerning applicants for certification as will assist courts to make an informed decision on whether or not to appoint an individual as a guardian ad litem in a particular case.

(h) Accept and expend the fees indicated in subparagraphs I(c), II(a), II(c), and II(d).

189:2 Rulemaking Authority. RSA 490-C:5 is repealed and reenacted to read as follows:

490-C:5 Rulemaking Authority.

I. The board shall adopt rules for guardians ad litem, pursuant to RSA 541-A, relative to the following:

(a) The application process for certification, renewal of certification, recertification, and reinstatement of certification.

(b) The content of all application forms, which forms may require a notarized affidavit stating that the information provided in the application is complete and accurate and which may gather, in addition to other information, information that will assist the court in making an informed decision on whether or not to appoint an individual as a guardian ad litem in a particular case.

(c) Eligibility requirements and criteria for certification, recertification, reinstatement, and renewal of certification.

(d) Training requirements.

(e) Educational and continuing educational requirements.

(f) Fees for certification, recertification, reinstatement, and renewal of certification.

(g) The ethical standards and standards of practice for guardians ad litem certified in New Hampshire.

(h) Procedures for conducting investigations and hearings conducted by the board under this chapter.

(i) Procedures for processing complaints and addressing disciplinary issues handled by the board under this chapter.

(j) Disciplinary procedures, penalties, and sanctions for certified guardians ad litem, which penalties, sanctions, and procedures may include revocation of certification, suspension of certification, the imposition of supplemental training requirements or supervised training requirements, supplemental education, fines, written reprimand, and treatment and counseling, including but not limited to treatment or counseling for alcohol or substance abuse.

II. The board may adopt rules for guardians ad litem, pursuant to RSA 541-A, relative to the following:

(a) The application process, requirements, and criteria for temporary or conditional certification.

(b) Fees for temporary or conditional certification and for the filing of requests for information, the filing of complaints or petitions, the processing of changes to information of record, the provision of training, and the provision of course material.

(c) Procedures for the reporting of activities conducted by guardians ad litem appointed in New Hampshire.

(d) The administration of oaths or affirmations, the preservation of testimony, and the issuance of subpoenas for witnesses and for documents, on the approval of the attorney general, relative to formal investigations or adjudicatory hearings held by the board.

(e) Procedures for informal resolution or referral of complaints.

189:3 New Sections; Certification; Confidentiality of Information; Immunity From Civil Action. Amend RSA 490-C by inserting after section 5 the following new sections:

490-C:5-a Certification.

I. To be eligible for certification, conditional certification, temporary certification, recertification, reinstatement, or renewal of certification, as a guardian ad litem under this chapter, an applicant shall be of good character and shall meet such criteria or requirements as may be established by the board.

II. Certification issued by the board shall be valid for 3 years from the date of issuance, and shall expire 3 years from the date of issuance, unless renewed or reissued pursuant to rules adopted by, and upon payment of fees established in, the rules of the board.

III. If timely and sufficient application has been made in accordance with board rules for renewal of certification, the existing certification shall not expire until the board has taken final action on the application for renewal.

490-C:5-b Confidentiality of Information.

I. Unless waived by the person to whom the information pertains, the following information relative to certified guardians ad litem, applicants for certification, and formerly certified guardians ad litem which may be in the possession of the board shall be confidential and shall not be subject to disclosure, except as provided in paragraph II, absent an order of the court:

(a) The person’s date of birth, social security number, residence address, and home telephone number.

(b) The person’s reason for leaving any past employment or the facts giving rise to any reprimand, censure, license revocation or suspension, disbarment, disqualification, or discipline given by any professional organization or entity supervising or overseeing a profession, other than the board.

(c) Whether or not the person has been a defendant in any criminal proceeding, information concerning such proceedings, any executed criminal records release, and the results of any criminal records check.

(d) The addresses and telephone numbers of the individuals who have submitted letters of reference in support of any application for certification as a guardian ad litem.

(e) Any photograph identification card or other document issued by a governmental agency submitted in support of an application that includes an applicant’s date of birth, social security number, residence address, or home telephone number.

(f) Any information deemed confidential under RSA 91-A or other applicable law.

II. Notwithstanding paragraph I and the provisions of RSA 91-A, the board may disclose to any New Hampshire court with the authority to appoint a guardian ad litem, or which possesses oversight authority over the professional activities of individuals who may serve as a guardian ad litem, any records, documents or information in the possession of the board relating to a certified guardian ad litem, an applicant for certification, or a formerly certified guardian ad litem.

490-C:5-c Immunity from Civil Action. No civil action shall be maintained against the board or any member of the board or its agents or employees, against any organization or its members, or against any other person for, or by reason of any statement, report, communication, or testimony to the board or any determination, action, statement, report, communication, disclosure or testimony by the board in relation to any proceeding or communication under this chapter.

189:4 Reference Change. Amend RSA 490-C:6 to read as follows:

490-C:6 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 [490-C:5, II] 490-C:5, I(d) and for the actions of its volunteer members who are appointed by the court as guardians ad litem in child abuse and neglect cases.

189:5 New Section; Appeals. Amend RSA 490-C by inserting after section 7 the following new section:

490-C:8 Appeals. Appeals from decisions of the board shall be pursuant to RSA 541.

189:6 Terms of Appointment; Replacement of Member. Amend RSA 490-C:3, I by inserting after subparagraph (b) the following new subparagraph:

(c) Notwithstanding the provisions of subparagraph (a), any member who is absent from at least 3 consecutive meetings of the board may be replaced by such member’s appointing authority.

189:7 Effective Date. This act shall take effect January 1, 2005.

(Approved: June 1, 2004)

(Effective Date: January 1, 2005)