Bill Text: NH HB535 | 2024 | Regular Session | Amended
Bill Title: Relative to appointment of counsel for a child who is the subject of a proceeding in a child protection case.
Sponsorship: Partisan Bill (Republican 2)
Status: (Engrossed - Dead) 2024-04-26 - Refer to Interim Study, Motion Adopted, Voice Vote; 05/02/2024; Senate Journal 11 [HB535 Detail]
Download: New_Hampshire-2024-HB535-Amended.html
HB 535-FN - AS AMENDED BY THE HOUSE
3Jan2024... 2356h
2023 SESSION
23-0588
04/05
HOUSE BILL 535-FN
SPONSORS: Rep. Hoell, Merr. 27; Rep. Mazur, Hills. 44
COMMITTEE: Children and Family Law
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AMENDED ANALYSIS
This bill provides that the court may appoint counsel for the child in a proceeding under RSA 169-C, the child protection act, and shall appoint counsel for the child in such cases when placement in a group home or child care institution is considered. The bill also adds this requirement to the foster care children's bill of rights.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
3Jan2024... 2356h 23-0588
04/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Child Protection Act; Appointment of Counsel for Child. Amend RSA 169-C:10, II 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 recommendation for dispositional orders of the guardian ad litem,] the court may appoint an attorney to represent the expressed interests of the child. If a child’s request for appointment of counsel is denied, the court shall state the reason for denial in an order or on the record. The child shall be notified of the court’s decision. 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.
(b) In cases under this chapter, the court shall appoint an attorney to represent the expressed interests of any child who is placed in a group home or child care institution, as defined in RSA 170-E:25. Except in the case of an emergency, if the department determines that the child's needs indicate such placement should be considered, the department shall notify the court within 2 business days of such determination, and the court shall appoint counsel to represent the expressed interests of the child. Such notification shall occur prior to referral for an independent assessment or submission of child-specific information to such placement. In the case of an emergency necessitating immediate placement of a child in a group home or childcare institution, the department shall notify the court within 2 business days of such placement.
(c) When an attorney is appointed as counsel for a child, representation may include counsel and investigative, expert and other services, including process to compel the attendance of witnesses, as may be necessary to protect the rights of the child.
(d) An attorney appointed as counsel for the child shall have the right to request to view and copy the child’s medical, dental, psychological, psychiatric, educational, and counseling records, including those maintained by any group home or child care institution, as defined in RSA 170-E:25. Such request shall not be denied except for good cause shown. Records provided to counsel under this subparagraph shall only be used for proceedings under this chapter.
2 New Paragraph; Foster Care Children's Bill of Rights; Right to Request an Attorney in a Child Protection Case. Amend RSA 170-G:21 by inserting after subparagraph XIV the following new subparagraph:
XIV-a. To be informed of the right to request an attorney under RSA 169-C:10, II(a) and of the guaranteed right to an attorney under RSA 169-C:10, II(b). The department shall provide the child with a written statement of these rights and the process by which to request an attorney.
3 Effective Date. This act shall take effect January 1, 2025.
23-0588
Revised 1/13/23
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: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2023 | FY 2024 | FY 2025 | FY 2026 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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METHODOLOGY:
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(GAL). The bill also provides that a minor child shall be entitled to representation by counsel in cases in the Judicial Branch family division.
The Judicial Council states under existing law, the court has such authority whenever the interests of the child conflict with a GAL’s dispositional recommendation. The Council understands the proposed change in statutory language to mean that the court’s ability to appoint an attorney would be expanded to any hearing at any stage of the proceedings where such a recommendation is being made. Once an attorney is appointed, the assumption is that the attorney will remain involved in the case and appear at all future hearings. Under the proposed amendment to RSA 169-C:10, the decision of whether to appoint a child an attorney remains in the discretion of the court and is not mandatory in all cases. In FY 2023 to date, the Judicial Council expenditures under RSA Chapter 169-C have totaled $711,013. (An average of $1,789/case). The Council has no clear data that would allow it to predict the likelihood that a court will appoint an attorney to represent a child. However, the Council anticipates the family court would appoint counsel to children in more cases and there will be some increase in expenditures for this account. The proposed new statute, RSA 490-D:3-a, would create a statutory right to counsel for a minor child in all cases to which the statute applies. The Council indicates, although the proposed statute creates a right to counsel, the bill does not direct a court to appoint counsel and, does not include a public funding source for such representation. Accordingly, the Council assumes the intent of this section is to recognize the right to counsel only, but not to provide a state funded attorney in every case where a child is the subject of family court proceedings. Given this assumption, the Council anticipates no fiscal impact from proposed RSA 490-D:3-a.
The Judicial Branch indicates the fiscal impact of this bill on the Branch is indeterminable. The bill would provide that a minor child who is the subject of such proceedings is entitled to representation by counsel. The bill does not require that such legal counsel be appointed by the Court nor does it require that counsel fees be paid by the Court. The Judicial Branch assumes that legal counsel for the minor child is not appointed or funded by the Court. Adding counsel for the minor child may result in an increase in litigation within those cases, but the Branch is unable to determine whether there would be a fiscal impact.
It is assumed that any fiscal impact would occur after FY 2023.
AGENCIES CONTACTED:
Judicial Branch and Judicial Council
