TITLE LI
COURTS

Chapter 490-C
GUARDIAN AD LITEM BOARD

Section 490-C:1

    490-C:1 Board Established. – There is hereby established a guardian ad litem board which shall be responsible for overseeing the credentialing and activities, and discipline of guardians ad litem in New Hampshire who are or have been certified by the board.

Source. 2002, 206:1. 2006, 223:1, eff. Jan. 1, 2007.

Section 490-C:2

    490-C:2 Membership. –
I. The board shall consist of the following members:
(a) One member representing the New Hampshire supreme court, appointed by the chief justice of the New Hampshire supreme court.
(b) One member of the senate, appointed by the president of the senate.
(c) One member of the house, appointed by the speaker of the house.
(d) The executive director of the New Hampshire judicial council.
(e) One member of Court Appointed Special Advocates (CASA), nominated by the director of CASA and appointed by the governor.
(f) One member representing the division of children, youth, and families, or Casey family services, or another child protection agency in the state, appointed by the governor.
(g) One member representing the interests of guardians ad litem, appointed by the governor.
(h) Two members of the general public representing the interests of those individuals receiving the services of guardians ad litem, appointed by the governor. The public members shall be individuals who are not, and never have been, members of the guardian ad litem profession or the spouse of any such person. The public members shall not have, and shall never have had, a material financial interest in either the provision of guardian ad litem services or an activity directly related to guardian ad litem services, including the representation of the board or its predecessor or the profession for a fee at any time during the 5 years preceding the date of appointment.
II. The members of the board shall serve without compensation.
III. All members of the board shall be New Hampshire residents.

Source. 2002, 206:1, eff. May 16, 2002. 2023, 212:45, eff. Oct. 3, 2023.

Section 490-C:3

    490-C:3 Terms of Appointment; Organization; Meetings. –
I. (a) The terms of the member representing the New Hampshire supreme court, the member representing CASA, and the member representing the child protection agency shall be for 5 years and until a successor is appointed; provided, however, that the term of the member representing CASA shall expire if he or she ceases to be a member of CASA. The terms of the members representing the senate and house and the term of the executive director of the judicial council shall be concurrent with their terms of office. The terms of the members appointed under RSA 490-C:2, I(g) and (h) shall be for 3 years and until a successor is appointed. Vacancies in board membership shall be filled in the same manner as the original appointment.
(b) All initial appointments to the board shall be made within 60 days of the effective date of this section.
(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.
II. The board shall elect a chairperson and a secretary from among its members.
III. The board shall conduct regular meetings on a monthly basis or at such other times as may be determined by the board or its chairperson.
IV. A simple majority of the board members currently serving shall constitute a quorum. 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. 2002, 206:1. 2004, 189:6. 2006, 223:2, eff. Jan. 1, 2007.

Section 490-C:4

    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 the official Internet site for the state of New Hampshire. The board may further make available to the general public, online or through other means, additional information relative to other activities and functions of the board, including but not limited to information concerning guardians ad litem, whether or not presently certified or in good standing, who have been subject to sanction by the board.
(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. Standards established by the board 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) [Repealed.]
(g) The board may, upon the submission of a written allegation or complaint against a presently or formerly certified guardian ad litem who holds, held, or may hold an appointment in a case under the authority of a court, refer that matter to the appropriate court for investigation, resolution, or other action. Such referral may be made regardless of whether the allegation or complaint relates to a case which is then pending in court and may be made in lieu of or in addition to any investigatory or disciplinary procedures that the board may itself be authorized to pursue. The board may further informally resolve complaints by agreement. A complaint relating to a trial or judicial proceeding in progress shall be dismissed without prejudice, unless the board for good cause votes to proceed immediately with such complaint.
II. The board may:
(a) Commission the participation of Franklin Pierce Law Center, the community college system of New Hampshire, 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 any courts that appoint guardians ad litem or oversee individuals serving as guardians ad litem, or any other entity or group which possesses oversight authority over any type of professional activity of persons who may serve as a guardian ad litem, about any discipline imposed upon guardians ad litem, grants and denials of certification, the content of any of the board's files or records on guardians ad litem, whether or not presently certified, or applicants for certification, and other activities of, or information held by, the board. In assessing whether or not to make a disclosure or engage in a communication under this subparagraph, consideration shall be given to whether or not it is likely that information conveyed will be further disseminated in a manner contrary to New Hampshire law.
(c) Establish requirements, criteria, and fees for the conditional certification or temporary certification of guardians ad litem or both, including procedures and requirements regarding the circumstances and manner in which individuals may be temporarily or conditionally certified, the term and duration of conditional or temporary certification, and the ethical standards and standards of practice applicable to persons so certified.
(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) [Repealed.]
(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).
(i) Establish requirements relating to the resignation or surrender of certification including the circumstances or conditions under which a certified guardian ad litem may resign or surrender his or her certification.
(j) [Repealed.]
(k) [Repealed.]

Source. 2002, 206:1. 2004, 189:1. 2006, 223:3. 2007, 361:29, eff. July 17, 2007. 2023, 212:46, 47, 49, I, eff. Oct. 3, 2023.

Section 490-C:5

    490-C:5 Rulemaking Authority. –
I. The board shall adopt rules, pursuant to RSA 541-A, relative to the following:
(a) The application criteria for certification, renewal of certification, recertification, and reinstatement of certification.
(b) Eligibility requirements and criteria for certification, recertification, reinstatement, and renewal of certification.
(c) Training requirements.
(d) Educational and continuing educational requirements.
(e) The ethical standards and standards of practice for guardians ad litem certified in New Hampshire.
(f) [Repealed.]
(g) [Repealed.]
(h) [Repealed.]
II. The board may adopt rules, pursuant to RSA 541-A, relative to the following:
(a) The application or certification requirements and criteria for temporary or conditional certification or both, including but not limited to procedures and requirements regarding the circumstances and manner in which individuals may be temporarily or conditionally certified or both, the term and duration of conditional or temporary certification or both, and the ethical standards and standards of practice applicable to persons so certified.
(b) Procedures for the reporting of activities conducted by guardians ad litem appointed in New Hampshire.
(c) [Repealed.]
(d) [Repealed.]
(e) Requirements relating to the resignation or surrender of certification, including but not limited to the circumstances or conditions under which a certified guardian ad litem may resign or surrender his or her certification.
(f) [Repealed.]
(g) [Repealed.]

Source. 2002, 206:1. 2004, 189:2. 2006, 223:4, eff. Jan. 1, 2007. 2021, 197:167, eff. July 1, 2021. 2023, 212:48, 49, II, eff. Oct. 3, 2023.

Section 490-C:5-a

    490-C:5-a Certification. –
I. To be eligible for initial 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.
IV. Conditional or temporary certification as a guardian ad litem under this chapter shall be according to such criteria, terms, requirements, and procedures, and for such duration, as may be established by the board.

Source. 2004, 189:3. 2006, 223:5, eff. Jan. 1, 2007.

Section 490-C:5-b

    490-C:5-b Confidentiality and Disclosure of Information. –
I. (a) Unless waived by the person to whom the information pertains, the following information, if any, relative to certified guardians ad litem, applicants for certification, and formerly certified guardians ad litem which may be submitted to the board on or in conjunction with application, supplemental application, application renewal, recertification, and reinstatement forms shall be confidential and exempt from the disclosure requirements of RSA 91-A, unless disclosure is required pursuant to an order of the court:
(1) The person's date of birth, social security number, residence address, unless that address is also the person's business address, and home telephone number, unless that number is also the person's business phone number.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(6) Any information submitted on or in conjunction with the forms noted above that is otherwise deemed confidential under RSA 91-A or other applicable law.
(b) The provisions of subparagraph (a) shall not prohibit disclosure of such information in the circumstances described in paragraph II and shall not apply to such material disclosed, without prohibition, limitation, or other instruction, at a hearing, proceeding, or other matter before the board, or a portion thereof, that is open to the public.
(c) The following information shall also be held confidential and shall be specifically exempt from the disclosure requirements of RSA 91-A, unless required to be disclosed by court order or disclosed, without limitation, at a hearing, proceeding, or other matter, or a portion thereof, that is open to the public:
(1) Allegations of misconduct or executed complaint forms received by the board, or drafts or portions thereof, and supporting materials submitted therewith.
(2) Information and records acquired by the board or its representatives during its investigation of any complaint, including any answer submitted by a guardian ad litem in response to a complaint, or drafts or portions thereof, and supporting materials submitted therewith.
(3) Reports and records made by the board or its agents, representatives, or employees as a result of its investigation.
(4) Case or client records, including written or oral guardian ad litem reports, files, and oral and written information from which the identity of recipients of services or other persons whose identities are protected from disclosure can be derived.
(d) The provisions of subparagraph (c) shall not prohibit disclosure of information in the circumstances described in paragraph II.
II. Notwithstanding paragraph I, and notwithstanding the provisions of any other law relative to confidentiality, including but not limited to confidentiality provisions applicable to any case out of which an allegation or complaint against a guardian ad litem may arise:
(a) Persons involved in matters before the board, or persons seeking to address or respond to issues involving a guardian ad litem's misconduct or certification, may, without a specific court order allowing such disclosure, disclose to the board, its representatives, or its agents, records, documents, or information in their possession, whether oral or in writing, relating to a guardian ad litem, an applicant for certification as a guardian ad litem, or cases in which a guardian ad litem is or has been involved, unless such disclosure is prohibited by court order.
(b) If the board concludes that to do so would advance the effective and fair resolution of the matter, the board, its representatives, or its agents may, without a specific court order allowing such disclosure, disclose to persons involved in matters before the board, or to persons seeking to address or respond to issues involving a guardian ad litem's misconduct or certification, any records, documents, or information in its possession, whether oral or in writing, that have a bearing upon the matter, unless such disclosure is prohibited by court order.
(c) Persons involved in matters before the board, or persons seeking to address or respond to issues involving a guardian ad litem's misconduct or certification, may, without a specific court order allowing such disclosure, disclose to other persons involved in the matter documents or information in their possession, whether oral or in writing, to the extent, and only to the extent, that such disclosure is necessary in order to comply with the procedures of the board, unless such disclosure is prohibited by a court order.
(d) The board, its representatives, or its agents may, without a specific court order, disclose to any court that appoints or oversees guardians ad litem, or any other entity or group which possesses oversight authority over any type of professional activity of persons who may serve as a guardian ad litem, any records, documents, or information in the possession of the board, whether oral or in writing, including but not limited to that information described in RSA 490-C:4, II(b), unless such disclosure is prohibited by court order. In assessing whether or not to make a disclosure or engage in a communication under this subparagraph, consideration shall be given to whether or not it is likely that information conveyed will be further disseminated in a manner contrary to New Hampshire law.
III. In the case of disclosures made in accordance with paragraph II, any statutory provisions prescribing penalties for the disclosure of confidential information, including but not limited to laws relative to the penalties for the disclosure of information in cases or proceedings in which a guardian ad litem may be involved, shall not apply to the disclosure to the extent that:
(a) It is made to the board or its representatives or agents under subparagraph II(a), or to other persons in accordance with subparagraph II(c), in good faith; or
(b) It is made by the board, a member of the board, or the board's representatives or agents, in the good faith performance of official duties believed authorized under this chapter.
IV. Hearings and other proceedings held by the board shall be open to the public unless closed, in whole or in part, by the board. The board shall close a hearing, proceeding, or matter, in whole or in part, if it concludes, in its discretion, that to open the hearing, proceeding, or matter, or a certain portion thereof, would be likely to:
(a) Result in the board publicly hearing, or in the public dissemination of, information that arose in a court proceeding that was not open to the public;
(b) Result in the public dissemination of information in a manner prohibited by court order;
(c) Be contrary to the best interests of a recipient of guardian ad litem services;
(d) Cause unreasonable harm to one or more persons involved in any court proceeding or any proceeding or other matter before the board, including but not limited to the guardian ad litem; or
(e) Be detrimental to the effective resolution of a matter pending before the board.
V. In applying the provisions of paragraph IV, the board shall, to the extent practicable under the circumstances, seek to open or close hearings, proceedings, or other matters in a manner that is consistent with any confidentiality laws, court rules, or known orders pertaining to the case out of which a complaint against a presently or formerly certified guardian ad litem or other matter, arose.
VI. (a) As an alternative to, or in conjunction with, the complete closure of a hearing, proceeding, or other matter, or of a part thereof, the board may, in its discretion, make such limitations, prohibitions, or instructions relative to the hearing, proceeding, or matter as it concludes are necessary to avoid:
(1) The likely public dissemination of information that arose in a court proceeding that was not open to the public;
(2) The likely public dissemination of information in a manner prohibited by court order;
(3) Probable detriment to the best interests of a recipient of services;
(4) Unreasonable harm to one or more persons involved in any court proceeding or any proceeding or other matter before the board, including but not limited to the guardian ad litem; or
(5) Probable detriment to the effective resolution of a matter pending before the board.
(b) Limitations, prohibitions, or instructions under subparagraph (a) may include, but need not be limited to, limitations or prohibitions on, or other instructions regarding, any one or more of the following:
(1) The attendance or participation of a person, or of persons, at a hearing, proceeding, or matter before the board;
(2) The audiotaping, videotaping, or other recording of a hearing, proceeding, or matter by a person or persons present;
(3) The photographing of a hearing, proceeding, or matter before the board; or
(4) The taking of notes at a hearing, proceeding, or matter before the board.
(c) In hearings, proceedings, and other circumstances in which the board has assigned a presiding officer, the presiding officer shall have the authority to issue limitations, prohibitions, or instructions under subparagraphs (a) and (b), provided that:
(1) Such limitations, prohibitions, or instructions may, at the request of an interested person or on the board's own action, be reviewed by and affirmed, modified, or reversed by the board;
(2) Such limitations, prohibitions, or instructions shall not include the closure of a hearing, proceeding, or matter, or a part thereof, the authority for which shall, in the first instance, be with the board according to the standards set forth in paragraphs IV and V; and
(3) Such limitations, prohibitions, or instructions shall not include the authority to make limitations or prohibitions on the disclosure or use of material in circumstances outside of a hearing or proceeding, the authority for which shall, in the first instance, be with the board according to the standards set forth in paragraph VII.
VII. (a) The board may limit or prohibit the disclosure or use outside of a hearing, proceeding, or other matter before the board, or in other circumstances, of some or all of the evidence, testimony, documents, or other materials relating to the hearing, proceeding, or matter, or parts thereof, including but not limited to guardian ad litem reports, medical records, and school records.
(b) Limitations and prohibitions issued under subparagraph (a) shall be made in accordance with the considerations set forth in paragraphs IV and V and shall be applicable to such persons involved in the hearing, proceeding, or other matter as the board may designate.
(c) The board may issue limitations or prohibitions under subparagraph (a) regardless of whether a hearing, proceeding, or other matter is open or closed, in whole or in part, and regardless of whether any limitations, prohibitions, or instructions have been issued under paragraph VI.
VIII. (a) In addition to any other procedures, including those under paragraph VI, which the board may apply at a hearing, proceeding, or other matter before the board, the board may also limit access to, or place limitations on, a person's use in a hearing, proceeding, or matter, of particular documents or materials if:
(1) The board concludes that such limitation is necessary to prevent the potential disclosure of confidential material beyond those disclosures that are allowed by law, by court order, or by the board's limitations, prohibitions, or instructions under this chapter; and
(2) Such limitation will not result in a violation of due process of law.
(b) In hearings and proceedings in which the board has assigned a presiding officer, the presiding officer shall have the authority to limit access, or place limitations on, a persons' use in a hearing or proceeding of particular documents or materials according to the standards set forth in subparagraph (a), provided that such limitations may, at the request of an interested person or on the board's own action, be reviewed by and affirmed, modified, or reversed by the board.
IX. It shall be unlawful:
(a) For any person present during, or otherwise involved in, a disciplinary hearing or any other hearing, proceeding, or matter before the board, which is closed to the public, either in whole or in part, to disclose any information concerning the hearing, proceeding, or matter, or the closed portions thereof, if that information may not, pursuant to this chapter or other law, or pursuant to a court order, be disclosed, or if that information:
(1) May serve to identify a parent or child in an abuse or neglect hearing, unless an order of the court allows such disclosure or the disclosure is allowed under paragraph II, other provisions of this chapter, or other law; or
(2) Is subject to an order of the board closing a hearing, proceeding, or matter for the reasons set forth in subparagraphs IV(c) through (e), unless prior permission to make such disclosure has been obtained from the board or the disclosure is allowed under paragraph II, other provisions of this chapter, or other law.
(b) For any person who has reviewed evidence, documents, or other materials under consideration by or in the possession of the board, which are not subject to public disclosure, or parts of such items which are not subject to public disclosure, including but not limited to guardian ad litem reports, medical records, and school records, to disclose any information concerning the nonpublic portions of such documents, if that information may not, pursuant to this chapter or other law, or pursuant to a court order, be disclosed, or if that material:
(1) May serve to identify a parent or child in an abuse or neglect hearing, unless an order of the court allows such disclosure, or the disclosure is allowed under paragraph II, other provisions of this chapter, or other law; or
(2) Is subject to an order of the board closing a hearing or procedure for the reasons set forth in subparagraphs IV(c) through (e), unless prior permission to make such disclosure has been obtained from the board or the disclosure is allowed under paragraph II, other provisions of this chapter, or other law.
(c) For any person subject to a limitation or prohibition under paragraph VII to make a disclosure which is contrary to that limitation or prohibition, unless prior permission to make such disclosure has been obtained from the board.
X. A person who violates paragraph IX shall be guilty of a misdemeanor.

Source. 2004, 189:3. 2006, 223:6, eff. Jan. 1, 2007.

Section 490-C:5-c

    490-C:5-c Immunity From Civil and Criminal Actions. –
I. Without waiver of the state's sovereign immunity, and in addition to any further protections provided by law, no civil action shall be maintained against the board or any member of the board, its representatives or agents, including but not limited to presiding officers and investigators, or its employees, for, or by reason of, any statement, report, communication, disclosure, testimony, investigation, hearing, determination, or other action or omission undertaken in the good faith performance of official duties believed authorized under this chapter.
II. In addition to paragraph I, the board, members of the board, the board's representatives and agents, including but not limited to presiding officers and investigators, and its employees, shall be immune from criminal action or penalties, and actions or penalties for the alleged commission of a violation, for the disclosure of confidential information, including but not limited to actions under laws imposing penalties for the disclosure of certain information in cases in which a guardian ad litem may be involved, or any law relative to the confidentiality of records, documents, or communications, provided that such action was undertaken in the good faith performance of official duties believed authorized under this chapter. This immunity shall not apply to actions commenced under RSA 490-C:5-b, IX, except in the case of communications between the board, its members, its representatives, or its agents, and a court.

Source. 2004, 189:3. 2006, 223:7, eff. Jan. 1, 2007.

Section 490-C:6

    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, I(d) and for the actions of its volunteer members who are appointed by the court as guardians ad litem.

Source. 2002, 206:1. 2004, 189:4. 2006, 223:8, eff. Jan. 1, 2007.

Section 490-C:7

    490-C:7 Repealed by 2023, 235:28, X, eff. July 15, 2023. –

Section 490-C:8

    490-C:8 Repealed by 2023, 212:49, III, eff. Oct. 3, 2023. –