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
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
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
Gal 102.03 “Child” means a person under the age of 18
years.
Source. #8939, eff 9-15-07
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
PART Gal 103
DESCRIPTION OF THE BOARD AND THE BOARD MEMBERS
Gal
103.01 Composition of the Board. The board shall consist of 9 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
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
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
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, criteria and fees
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) Establishing disciplinary procedures,
penalties and sanctions in accordance with RSA 490-C:4, I (f);
(g) Investigating and resolving complaints
against guardians ad litem in accordance with RSA 490-C:4, I (g); and
(h) Engaging in such other functions allowed
under RSA 490-C:4, II as may be necessary for the effective performance of its
duties.
Source. #8939, eff 9-15-07; amd
by #12009, eff 10-21-16
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
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) His or her own
application for certification, application for renewal or application for
reinstatement;
(2) Any other
matter regarding his or her 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) may be
implicated.
(c) A board member shall recuse himself or
herself from participating in board deliberations or actions under the
circumstances described in paragraphs (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
he or she must recuse him or herself from board deliberations or actions
pertaining to that matter, the question of whether or not the member shall
recuse him or herself shall be decided by a majority vote of the members of the
board, other than the member who made the disclosure.
(e) In the circumstances described in (d) above,
the board member shall recuse him or herself 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 may
adversely impact upon the board member’s ability to fairly, impartially, and
fully perform his or her 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 he or she has actually prejudged the matter at issue.
(f) Paragraphs (a) through (e) above shall not
prohibit a board member from recusing him or herself from any matter in which
he or she personally believes that his or her ability to act fairly may
reasonably be questioned.
Source. #8939, eff 9-15-07
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:
Source. #8939, eff 9-15-07
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
Gal 103.09 Committees.
(a) A committee shall consist of one or more
board members who have been directed by the board to investigate and make recommendations
on matters which could be handled by the full board.
(b) When expressly authorized by the board, the
authority of a committee shall include the ability to retain voluntary
assistance from qualified non-board members.
(c) Committees shall have minutes in accordance
to Gal 103.07 and Gal 103.08
Source. #12009, eff 10-21-16
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
New Hampshire Office of Professional Licensure and
Certification
121 South Fruit Street
Concord, NH 03301
(b) The board’s telephone number is (603)
271-2219.
(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 web site can be found at
http://www.nh.gov/gal/.
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
Gal
104.02 Communications with the Board. Persons wishing to make submissions to,
seeking information from, or wishing to make requests of, the board may mail a
letter to the address stated in Gal 104.01 (a), call the number stated in Gal
104.01 (b) or communicate by TTY/TDD using the number stated in Gal 104.01 (c).
Source. #8939, eff 9-15-07
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) Public records shall be inspected and copied
at the office of the board at the location stated in Gal 104.01 (a) during
regular business hours.
(c) Persons desiring copies of public records
shall reasonably describe the information being sought and pay the actual costs
of the copies.
(d) If records are requested which contain both
public information and information that is confidential or exempt, precluded or
prohibited from disclosure pursuant to RSA 91-A, RSA 490-C: 5-b, other law, or
orders issued pursuant thereto, the board shall delete the information that is
confidential or exempt, precluded or prohibited from disclosure and provide the
remaining information.
Source. #8939, eff 9-15-07
APPENDIX
|
Rule |
Specific
State Statute the Rule Implements |
|
|
|
Gal 101.01
|
RSA 490-C; RSA 541-A: 16, I
|
|
|
|
Gal 102.01 – Gal 102.04
|
RSA 541-A: 7
|
|
|
|
Ga1 103.01
|
RSA 490-C: 2, 3
|
Ga1 103.02
|
RSA 490-C: 3, IV
|
Ga1 103.03
|
RSA 490-C: 3, II
|
Ga1 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
|
|
Gal
103.09 |
RSA
541-A:16, I (b) |
|
|
|
Ga1 104.01 – Gal 104.02
|
RSA 541-A: 16, I (a)
|
Ga1 104.03
|
RSA 490-C: 5-b; RSA 91-A: 3, 4, 5
|