Bill Text: NH HB535 | 2023 | Regular Session | Introduced

---

Bill Title: Requiring an attorney for a child who is the subject of a proceeding in a family court case.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2023-09-26 - Subcommittee Work Session: 10/18/2023 01:00 pm Legislative Office Building 206-208 House Calendar 39 [HB535 Detail]

Download: New_Hampshire-2023-HB535-Introduced.html

---

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

 

-----------------------------------------------------------------

 

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.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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

 

LBA

23-0588

1/9/23

 

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:

Due to time constraints, the Office of Legislative Budget Assistant is unable to provide a fiscal note for this bill, as introduced, at this time.  When completed, the fiscal note will be forwarded to the House Clerk's Office.

 

AGENCIES CONTACTED:

Judicial Branch and Judicial Council