CHAPTER Gal 300  CERTIFICATION REQUIREMENTS

 

PART Gal 301  DEFINITIONS

 

          Gal 301.01  “Accredited college or university” means:

 

          (a)  An institution that was, at the time a degree was conferred, accredited by an entity recognized by the United States Department of Education as a reliable authority on the quality of education or training in accordance with 20 USC 1099b; or

 

          (b)  An institution that was, at the time a degree was conferred, accredited by an entity recognized by the organization known as the Council for Higher Education Accreditation.

 

Source.  #8101, eff 1-1-05; ss by #8942, eff 9-15-07, EXPIRED: 9-15-15

 

New.  #11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16

 

New.  #12010, eff 10-21-16

 

          Gal 301.02  “Address of the applicant’s guardian ad litem business” means the address which the guardian ad litem uses in connection with his or her work as a guardian ad litem.

 

Source.  #8101, eff 1-1-05; ss by #8942, eff 9-15-07, EXPIRED: 9-15-15

 

New.  #11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16

 

New.  #12010, eff 10-21-16

 

          Gal 301.03  “Central registry of founded abuse and neglect reports” means the central registry established under RSA 169-C:35.

 

Source.  #8101, eff 1-1-05; ss by #8942, eff 9-15-07, EXPIRED: 9-15-15

 

New.  #11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16

 

New.  #12010, eff 10-21-16

 

          Gal 301.04  “Certifying board” means any public board, committee, commission, agency, or other public body that certifies, registers or licenses guardians ad litem, other than an appointing court.

 

Source.  #8101, eff 1-1-05; ss by #8942, eff 9-15-07, EXPIRED: 9-15-15

 

New.  #11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16

 

New.  #12010, eff 10-21-16

 

          Gal 301.05  “Community activity” means participation in organized group activity for the benefit of the public or a segment of the public.

 

Source.  #8101, eff 1-1-05; ss by #8942, eff 9-15-07, EXPIRED: 9-15-15

 

New.  #11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16

 

New.  #12010, eff 10-21-16

 

          Gal 301.06  “Permanency hearing” means a judicial hearing that takes place after a child has been placed out of his or her regular home for an extended period of time, the purpose of which is to determine the child’s permanent living arrangement.

 

Source.  #8101, eff 1-1-05; ss by #8942, eff 9-15-07, EXPIRED: 9-15-15

 

New.  #11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16

 

New.  #12010, eff 10-21-16

 

          Gal 301.07  “Related educational experience” means experience in teaching a course, attending and completing a course, participating as a panelist or speaker in a symposium, attending a symposium, [or] authoring books or articles in a professional journal relating to guardians ad litem or their duties, or attending or instructing classes, symposia, seminars, or training sessions relating to child development or family dynamics.

 

Source.  #8101, eff 1-1-05; ss by #8942, eff 9-15-07, EXPIRED: 9-15-15

 

New.  #11075, INTERIM, eff 4-18-16, EXPIRES: 10-15-16

 

          Gal 301.08  “Shadow training” or “shadowing” means observing a certified guardian ad litem in court proceedings and interviews, and observing the preparation of court documents prepared by a certified guardian ad litem, consistent with statutory requirements.

 

Source.  #8101, eff 1-1-05; ss by #8942, eff 9-15-07, EXPIRED: 9-15-15

 

New.  #11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16

 

New.  #12010, eff 10-21-16

 

          Gal 301.09  “Telephone number of the applicant’s guardian ad litem business” means the telephone number which the guardian ad litem uses in connection with his or her work as a guardian ad litem.

 

Source.  #12010, eff 10-21-16 (from Gal 301.08)

 

PART Gal 302  APPLICATION PROCEDURE

 

          Gal 302.01  Application Process.

 

          (a)  Application forms shall:

 

(1)  Be completed using a keyboard or legibly in ink;

 

(2)  Be signed by the applicant; and

 

(3)  Have all sections completed or designated as not applicable to the applicant.

 

          (b)  The board shall not consider a request to certify an individual as a guardian ad litem until such a time as the following have been received by the board:

 

(1)  An original, complete application form specified in Gal 302.02, together with 3 copies of that form;

 

(2)  All additional supporting materials specified by Gal 302.03;

 

(3)  The certification fee required by Gal 304.01,  provided that all returned checks shall be subject to the fees described in Gal 304.01(e); and

 

(4)  Return from the department of safety of the results of the criminal record check authorized by submission of the material specified in Gal 302.03 (b).

 

          (c)  In accordance with RSA 541-A:29, I, the board,  through its personnel, representative, or staff, shall, within 60 days of the receipt of the applicant’s submission under paragraph (b) above notify the applicant,  in a writing bearing the date issued, if the application is incomplete or if the board requires additional information or material for the purpose of determining the applicant’s qualifications for certification.

 

          (d)  The notification, if any, provided under paragraph (c) above shall specify in writing the information or material that the applicant is required to submit.

 

          (e)  If, within 45 days of the issuance of a notification under (c) and (d) above, the applicant does not submit the information or material requested, the board shall deny the application.

 

          (f)  Within 120 days of receiving a fully completed application form, a fully completed supplemental application form, actual payment of the certification fee specified in Gal 304.01, all other items listed in paragraph (b) above and all material and information, if any, requested under paragraphs (c) and (d) above, the board shall either:

 

(1)  Approve the application if the applicant meets the qualifications for certification set forth at Gal 303; or

 

(2)  Deny the application.

 

          (g)  If the application is denied, the applicant shall be provided an opportunity for a hearing to challenge the denial.

 

          (h)  A request for a hearing following a denial under paragraphs (e) or (f) above shall be submitted to the board within 30 days of the date of the board’s notification of denial.

 

          (i)  Certification issued pursuant to this section shall be valid for a period of 3 years unless earlier terminated by the board.

 

Source.  #8101, eff 1-1-05; ss by #8942, eff 9-15-07; amd by #9523, eff 10-1-09; EXPIRED: 9-15-15 except for paras. (a)(1), (b)(1), and (b)(2); ss by #11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16

 

New.  #12010, eff 10-21-16

 

          Gal 302.02  Application Form.  On a form provided by the board the applicant shall supply the following:

 

          (a)  Under the preprinted heading “Personal Data”:

 

(1)  The applicant’s full name;

 

(2)  The applicant’s maiden name, if any;

 

(3)  Any other name by which the applicant has at any time been known, including the dates that the foregoing names were used;

 

(4)  The applicant’s month, day, and year of birth

 

(5)  The address of the applicant’s guardian ad litem business;

 

(6)  The mailing address of the applicant’s guardian ad litem business, if different from the business address noted in subparagraph (a) (5) above;

 

(7)  The email address of the applicant’s guardian ad litem business;

 

(8)  The telephone number of the applicant’s guardian ad litem business;

 

(9)  The street address of the applicant’s residence;

 

(10)  The applicant’s home telephone number;

 

(11)  Any other telephone number used by the applicant not listed elsewhere on the application or supplemental application form;

 

(12)  Whether or not the applicant speaks any languages other than English, including any form of sign language, and, if so, the names of the languages;

 

(13)  Whether or not the applicant possesses a valid driver’s license;

 

(14)  Whether or not the applicant has access to reliable transportation; and

 

(15)  A list of the counties or courts, including family divisions, in which the applicant would be willing to serve as a guardian ad litem;

 

          (b)  Under the preprinted heading “Employment History”:

 

(1)  The name of the applicant’s present employer, if any, including self-employment;

 

(2)  If the applicant is not presently employed, whether he or she is:

 

a.  Retired, and, if so, from what occupation; or

 

b.  A full-time student;

 

(3)  If the applicant is presently employed:

 

a.  The address and telephone number of the applicant’s present employer;

 

b.  The date on which the applicant began employment with his or her current employer;

 

c.  The applicant’s job title;

 

d.  Whether the employment is part-time or full time;

 

e. Whether or not the applicant can be contacted by the board at his or her place of employment; and

 

f. Whether or not the board may contact the applicant’s employer regarding this application;

 

(4)  The names and addresses of each of the applicant’s past employers, either part-time or full time, for the past 7 years, as well as:

 

a.  The dates of employment with each of the employers; 

 

b.  The applicant’s job title with each of the employers;

 

c.  Whether the employment was full time or part time; and

 

d.  For each employment, whether or not the board may contact the employer regarding this application; and

 

(5)  The applicant’s reason for leaving each employment;

 

          (c)  Under the preprinted heading “Education/Experience”:

 

(1)  The name and address of all accredited undergraduate and graduate colleges or universities attended by the applicant, together with the dates of attendance; 

 

(2)  The date of graduation, if any, from any accredited undergraduate and graduate college or university, together with the type of degree received, major courses of study, and minor courses of study;

 

(3)  If the applicant possesses a bachelor’s degree from an accredited college or university, whether the applicant possesses at least 600 hours of experience in professional or volunteer activities dealing with children or incapacitated adults;

 

(4)  If the applicant possesses an associate’s degree from an accredited college or university, whether the applicant possess at least 1,000 hours of experience in professional or volunteer activities dealing with children or incapacitated adults;

 

(5)  If the applicant possesses an advanced degree beyond a bachelor’s degree from an accredited college or university for which a bachelor’s degree is a prerequisite, whether the applicant possesses at least 200 hours of experience in professional or volunteer activities dealing with children or incapacitated adults; and

 

(6)  Attached to the application, a completed “Log of Professional or Volunteer Experience” form, effective 06/15/16;

 

          (d)  Under the preprinted heading “Guardian ad Litem Training”:

 

(1)  The names and dates of each course that the applicant has taken in fulfillment of the training requirements set forth in Gal 303.02 (a) (1-3); and

 

(2)  If the applicant has engaged in any shadow training to fulfill part of his or her training requirements, on a separate piece of paper the following information:

 

a.  The dates and times of shadowing;

 

b.  The court at which the shadowing was completed;

 

c.  The types of cases that were shadowed;

 

d.  A description of the activity which meets the definition of shadowing or shadow training in Gal 301.08;

 

e.  The name and signature of the mentoring certified guardian ad litem;

 

f.  The name, signature, and title of a court employee verifying [your] the applicant’s shadowing; and

 

g.  The applicant’s signature certifying that you completed this aspect of the training;

 

          (e)  Under the preprinted heading “Other Experience”:

 

(1)  Whether or not the applicant has ever been appointed as a guardian ad litem in this or any other jurisdiction;

 

(2)  If the response to subparagraph (e) (1) above is yes:

 

a.  The name of the state in which the applicant was appointed; and

 

b.  The name of the court or other entity that made the appointment;

 

(3)  If the applicant is not an attorney, the number of family law cases in which the applicant has been involved in the capacity of a witness, representative, or decision-maker, together with a description of the applicant’s role in each such case;

 

(4)  If the applicant is an attorney, the number of years that the applicant has practiced in the area of family law; and

 

(5)  A list of any related educational experiences engaged in by the applicant, including the dates of such experience;

 

          (f)  Under the preprinted heading “Professional Record and Ethics”:

 

(1)  Whether or not the applicant has ever been licensed, registered or certified by any certifying board;

 

(2)  If the answer to (f) (1) above is yes:

 

a.  The name of the certifying board;

 

b.  The address of the certifying board; and

 

c.  The dates of registration, certification, or licensure;

 

(3)  Whether or not the applicant currently holds any professional licenses, certifications, or registrations of any type, other than those noted in (f) (1) above, and other than bar memberships;

 

(4)  If the answer to subparagraph (f) (3) above is yes:

 

a. The name and address of each organization, association, agency or other entity that issued such license, registration or certification;

 

b.  The date that the applicant was first licensed, registered, or certified; and

 

c.  The date, if any, when such license, registration, or certification will expire;

 

(5)  Whether or not the applicant is a member, licensee, registrant, or certified party in good standing of each organization, association, agency, or other entity noted in (f) (4) above;

 

(6)  Whether or not the applicant is a member of the bar of any state and, if so:

 

a.  The name of each state in which the applicant is admitted to practice; and

 

b.  The date of the applicant’s admission;

 

(7)  A list of any additional professional affiliations held by the applicant and any additional professional associations of any type of which the applicant is a member;

 

(8)  Whether the applicant has ever been disbarred, or has ever been suspended from the practice of any profession, reprimanded, censured, had his or her certification, registration, or licensure in a profession revoked, or otherwise been disciplined, sanctioned or disqualified from professional practice of any type by any professional organization or other entity supervising or overseeing a profession in this or any other jurisdiction;

 

(9)  If the answer to subparagraph (f) (8) above is yes, on a separate piece of paper provide the following information:

 

a.  The name, address, and telephone number of the organization or entity taking such action against the applicant;

 

b.  The type of action taken;

 

c.  The date of the action;

 

d.  A description of the facts giving rise to the action;

 

e.  A description of the reason for such action, including whether it was claimed applicant engaged in misconduct in performance of his or her GAL duties or that applicant was not of good character; and

 

f.  The procedural history of the matter, including whether or not the action was reversed or overturned on appeal;

 

(10)  Whether the applicant has ever had an appointment as a guardian ad litem in this or any other jurisdiction suspended or revoked;

 

(11)  If the answer to subparagraph (f) (10) above is yes, on a separate piece of paper provide the following information:

 

a.  The name, address and telephone number of the organization or entity taking such action against the applicant;

 

b.  The type of action taken;

 

c.  The date of the action;

 

d.  A description of the facts giving rise to the action;

 

e.  A description of the reason for such action, including whether it was claimed applicant engaged in misconduct in performance of his or her GAL duties or that applicant was not of good character; and

 

f.  The procedural history of the matter, including whether or not the action was reversed or overturned on appeal;

 

(12)  Whether, other than as addressed above, the applicant has ever been disciplined, reprimanded or sanctioned for any activity undertaken as a guardian ad litem in this or any other jurisdiction;

 

(13)  If the answer to subparagraph (f)(12) is yes, on a separate piece of paper provide the following information:

 

a.  The name, address, and telephone number of the organization or entity taking such action against the applicant;

 

b.  The type of action taken;

 

c.  The date of the action;

 

d.  A description of the facts giving rise to the action;

 

e.  A description of the reason for such action, including whether it was claimed applicant engaged in misconduct in performance of his or her GAL duties or that applicant was not of good character; and

 

f.  The procedural history of the matter, including whether or not the action was reversed or overturned on appeal;

 

(14) Whether the applicant has ever been a defendant in any criminal proceeding, or has been charged with or arrested for any criminal matter, in this or any other jurisdiction, which has not been annulled;

 

(15)  If the answer to sub-paragraph (f) (14) above is yes, on a separate piece of paper provide the following information:

 

a.  The name and docket number of each case, or, if unavailable, such other information as will serve to identify each case or matter;

 

b.  The jurisdiction in which each matter was or is pending;

 

c.  The name of the court, if any, in which each matter was or is pending;

 

d.  The date that each matter was initiated;

 

e.  A description of the nature of each case or matter, including:

 

1.  Each offense charged or for which the person was arrested and, if the offense involved an attempt, conspiracy, or solicitation, the underlying offense alleged to have been the subject of the conspiracy, attempt, or solicitation;

 

2.  Whether the offense at issue was a felony;

 

3.  Whether the offense at issue was a misdemeanor;

 

4.  If the offense at issue was a misdemeanor, whether conviction of, or a plea of guilty to, the offense would bring, or did bring, the total number of the person’s misdemeanors to more than 2, regardless of the jurisdiction or jurisdictions in which any of the misdemeanors arose;

 

5.  Whether the offense at issue involved a child or incapacitated adult as a victim or intended victim; and

 

6.  Whether the offense at issue involved either domestic violence as defined by RSA 173-B: 1, IX, as further specified in RSA 173-B:1, I so as to include either commission or attempted commission of the offense, solicitation or conspiracy to commit that offense as so described, or an offense in another jurisdiction which would have constituted domestic violence as so described, or solicitation or conspiracy to commit that offense, if committed in, or charged under the law of, the state of New Hampshire;

 

f.  The procedural history of the matter, including whether there was a conviction or a guilty plea and the appellate history of the matter, if any; and

 

g.  Whether the matter is still pending;

 

(16)  Whether the person has ever had his or her application for license, certification, registration, or approval to practice as a guardian ad litem denied in a jurisdiction other than New Hampshire;

 

(17)  If the answer to subparagraph (f) (16) above is yes, on a separate piece of paper provide the following information:

 

a.  The name of the court or other authority taking such action;

 

b.  The date of such action;

 

c.  A description of the reason for such action;

 

d.  A description of the procedural history of the matter; and

 

e.  Whether the ground for the denial was subsequently superceded by the granting of an application;

 

(18)  Whether the person has ever been subject to a fine pursuant to RSA 490:26-g, Guardians Ad Litem; Failure to File Reports, for failure to file a report required by any court or statute by the date the report was due and, if so, on a separate piece of paper provide the following information:

 

a.  The court which imposed the fine;

 

b.  The date of the fine; and

 

c.  The amount of the fine;

 

(19)  Whether the person has ever been subject to any protective order in this or any other jurisdiction and, if so, on a separate piece of paper provide the following information:

 

a.  The name and docket number of the case;

 

b.  The jurisdiction and name of the court in which the matter was pending;

 

c.  The date of the protective order;

 

d.  A description of the circumstances giving rise to the restraining order;

 

e.  The procedural history of the case; and

 

f.  Whether the matter is still pending;

 

(20)  Whether the applicant has ever been held in contempt of court in this or any other jurisdiction and, if so, on a separate piece of paper provide the following information:

 

a.  The name and docket number of the case;

 

b.  The jurisdiction and name of the court in which the matter was pending;

 

c.  The date of the finding of contempt;

 

d.  A description of the circumstances giving rise to the finding of contempt;

 

e.  The procedural history of the case; and

 

f.  Whether the matter is still pending; and

 

(21)  Whether the person has ever have been the subject of a report of child abuse or neglect in this or any other jurisdiction and, if so, on a separate piece of paper provide the following information:

 

a.  The jurisdiction in which the report was issued;

 

b.  The date of the report;

 

c.  A description of the circumstances to which the report related; and

 

d.  The outcome of the matter, including whether the report was determined to be founded by the authority investigating the matter;

 

         (g)  Under the heading “Other Information”:

 

(1)  Whether the applicant has ever been a party to any family law or domestic relations proceeding, or any other non-criminal court case, proceeding or action of any type, in this or any other jurisdiction, including but not limited to any civil, equity, land-lord/tenant, probate, bankruptcy, forfeiture or other action, proceeding or matter of any type whatsoever, other than traffic or parking offenses charged as a violation or cases in which the person served solely in the capacity of a guardian ad litem; 

 

(2)  If the answer to (1) above is yes, on a separate piece of paper:

 

a.  The name and docket number of the case;

 

b.  The name of the court in which the matter was pending;

 

c.  The date that the matter was initiated;

 

d.  A description of the nature of the case; and

 

e.  Whether the matter is still pending;

 

(3)  Whether the applicant possesses other or additional specialized knowledge, training, experience or skills not otherwise specified that he or she believes would be of assistance in carrying out the duties of a guardian ad litem and, if so, a description of that knowledge, training, experience or skill; and

 

(4)  Whether the applicant has ever been denied certification by the board and, if so, on a separate piece of paper provide the following:

 

a.  The date of the denial; and

 

b.  The reason for the denial;

 

         (h)  Under the preprinted heading “References”:

 

(1)  The names, addresses, and telephone numbers of the 3 individuals, whose letters of reference are submitted in support of the application;

 

(2)  For each individual identified in subparagraph (h) (1) above, the relationship of that individual to the applicant, and the number of years that the individual has known the applicant;

 

         (i)  The applicant’s name in print;

 

         (j)  The applicant’s signature certifying the following in a statement preprinted on the form:

 

(1)  The information provided by the applicant on or in connection with the application form is, to the best of the applicant’s knowledge and belief, true, accurate and complete and the documentation provided in support of the application is a true and complete version of the documentation submitted;

 

(2)  The applicant acknowledges that the information provided on the application form and the documentation provided to support the application is public information except to the extent exempted from public disclosure pursuant to RSA 91-A, court order, RSA 490-C or orders issued there under;

 

(3)  The applicant specifically acknowledges that any and all information submitted to the board may be divulged by the board to any potential appointing court as well as to such other entities or persons as provided for by these rules or other law, including the New Hampshire judicial branch family division; and

 

(4)  The applicant acknowledges that, pursuant to RSA 641:3, knowingly making a false representation on the application form is punishable as a misdemeanor; and

 

         (k)  The date of the signature described in (j) above.

 

Source.  #8101, eff 1-1-05; ss by #8942, eff 9-15-07, EXPIRED: 9-15-15

 

New.  #11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16

 

New.  #12010, eff 10-21-16

 

          Gal 302.03  Required Supporting Materials.  In addition to the completed application form the applicant shall submit or cause to be submitted to the board:

 

          (a)  4 copies of an official transcript of work performed by the applicant in satisfaction of either a bachelor’s degree, an associate’s degree, or a more advanced degree beyond a bachelor’s, whichever is the highest degree obtained by the applicant, which transcript provides that a bachelor’s, associate’s , or more advanced degree has been awarded;

 

          (b)  A fully executed state of New Hampshire criminal records release authorization form from the department of safety allowing for the disclosure of the applicant’s current criminal record to the board;

 

          (c)  A check made out to “State of NH – Criminal Records” in the amount specified by Saf-C 5703.10;

 

          (d)  An original writing together with 3 copies from the central registry of founded abuse and neglect reports indicating that the applicant’s name does not now appear in the central registry of founded abuse and neglect reports;

 

          (e)  A original written submission together with 3 copies prepared by the applicant which:

 

(1)  Is in the form of a document separate and distinct from any cover letter or other supporting document submitted;

 

(2)  Is clearly labeled “written submission”;

 

(3)  Is completed in typescript;

 

(4)  Contains not less than 200 words nor more than 500 words;

 

(5)  Describes the reasons why the applicant wishes to engage in the work of a guardian ad litem;

 

(6)  Specifies the applicant’s personal qualities or experiences which the applicant believes would enable him or her to successfully engage in the work of a guardian ad litem;

 

(7)  Describes the reasons why, in the opinion of the applicant, it should be concluded that the applicant possesses good judgment; and

 

(8)  Is written in a style and form that the applicant believes clearly, succinctly and understandably addresses the matters specified in subparagraphs (5) through (7) above;

 

          (f)  Positive letters of reference from 3 individuals, at least one of whom has known the applicant for at least 2 years and at least one of whom has observed the applicant’s interaction with children or incapacitated adults, or who has had the opportunity to form an opinion regarding the applicant’s ability to understand and empathize with children or incapacitated adults, which letters shall:

 

(1)  Be written by individuals who:

 

a.  Are not family members, current business partners, employees, workplace subordinates or business associates of the applicant, except that such letters may be written by a person who is the applicant’s supervisor; and

 

b.  Are familiar with the applicant’s character and overall knowledge, skill, proficiency, and impartiality in contexts that the writer views as indicative of the applicant’s future successful performance of the duties of a guardian ad litem;

 

(2)  State the applicant’s name;

 

(3)  Provide the name and mailing address of the person writing the letter;

 

(4)  Provide a brief description of the writer’s background and experience;

 

(5)  State:

 

a.  That the writer is not a family member, current business partner, employee, workplace subordinate, or business associate of the applicant, other than a supervisor;

 

b.  That the writer is familiar with the applicant’s character and overall knowledge, skill, proficiency, and impartiality in contexts that the writer views as indicative of the applicant’s future successful performance of the duties of a guardian ad litem; and

 

c.  In the case of a letter from a person who has observed the applicant’s interaction with children or incapacitated adults, or who has had the opportunity to form an opinion regarding the applicant’s ability to understand and empathize with children or incapacitated adults:

 

1.  That the writer has so observed or has formed such opinion, including therein the basis for that observation or opinion; and

 

2.  That the writer attests to the applicant’s ability to understand and empathize with children or incapacitated adults;

 

(6)  Include positive comment on the attributes of the applicant that the writer believes would render the applicant a good candidate for certification as a guardian ad litem;

 

(7)  State that the applicant is, in the opinion of the writer, a person of good character and why;

 

(8)  Recommend the applicant for certification as a guardian ad litem;

 

(9)  Contain the signature of the writer and the date of the letter, which date shall not be more than one year prior to the date of submission to the board; and

 

(10)  Be addressed, in the body of the writing, to the board in specific;

 

          (g)  4 copies of a photograph identification card or other document issued by a governmental agency, which card or certificate includes, at least:

 

(1)  A clear depiction of the applicant;

 

(2)  The applicant’s name; and

 

(3)  The applicant’s date of birth;

 

          (h)  A written waiver of confidentiality stating that the application form, supporting documentation and any other material received by the board from or about the applicant, may be disclosed to:

 

(1)  The supreme, superior, district, probate, and any other state court located in the state of New Hampshire, including the New Hampshire judicial branch family division;

 

(2)  The federal district court or any other court of the United States located in New Hampshire;

 

(3)  Any court in any jurisdiction other than the above, and any certifying board, which requests information on the applicant in connection with the appointment, registration, or certification of the person as a guardian ad litem;

 

(4)  Court Appointed Special Advocates of New Hampshire (CASA), if the person is a CASA volunteer; and

 

(5)  Any other person or entity not prohibited by law;

 

          (i)  If the applicant’s answer to Gal 302.02 (f) (8) is yes, 4 copies of the order, decision, or other writing, if any, from the professional organization or supervising entity setting forth the factual findings and conclusions resulting in disbarment, revocation, suspension, reprimand, discipline, censure, or disqualification;

 

          (j)  If any disbarment, revocation, suspension, reprimand, discipline, censure, or disqualification noted in (i) above has ended, or if it was subsequently reversed or overturned on appeal, 4 copies of the order, decision or other writing, if any, from the professional organization or supervising entity setting forth the terms under which the disbarment, revocation, suspension, reprimand, discipline, censure, or disqualification has been lifted or the terms under which it was reversed or overturned;

 

          (k)  If the applicant’s answer to Gal 302.02 (f) (10), (12), (14), (16), or (18) is yes, 4 copies of the order, decision or other writing, if any, from the sanctioning body or other entity setting forth the factual findings and conclusions resulting in the revocation, suspension, discipline, denial, reprimand, fine, or sanction;

 

          (l)  If any revocation, suspension, discipline, denial, reprimand, fine, or sanction noted in (k) above has ended, or if it was subsequently reversed or overturned on appeal, 4 copies of the order, decision or other writing, if any, from the sanctioning body setting forth the terms under which the revocation, suspension, discipline, denial, reprimand, fine, or sanction has been lifted or the terms under which it was reversed or overturned;

 

          (m)  If the applicant’s answer to Gal 302.02(f)(19) is yes and he or she has ever been subject to a protective order, 4 copies of the protective order;

 

          (n)  If any protective order noted in (m) above was subsequently reversed or modified, or if it was overturned on appeal, 4 copies of any order or decision reversing, modifying, or overturning the protective order;

 

          (o)  If the applicant’s answer to Gal 302.02(f)(20) is yes and he or she has been held in contempt of court, 4 copies of the writing or transcript of the portion of the proceeding, if any, holding him or her in contempt;

 

          (p)  If any finding of contempt noted in (o) above was subsequently reversed or modified, if it was overturned on appeal, or if the finding of contempt has been lifted, 4 copies of any order or decision reversing, modifying, lifting, or overturning the finding; and 

 

          (q)  4 copies of certificates of attendance at the training specified at Gal 303.02 (a)(1-4).

 

Source.  #8101, eff 1-1-05; ss by #8942, eff 9-15-07, EXPIRED: 9-15-15

 

New.  #11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16

 

New.  312010, eff 10-21-16 (from Gal 302.04)

 

          Gal 302.04  Letters of Reference.

 

          (a)  Letters of reference shall be either in the form of a written narrative from the person providing the reference or shall be submitted by a person on a board provided Letter of Reference Form, effective 10/16.

 

          (b)  Whether submitted as a written narrative or on a form provided by the board, letters of reference shall address each of the requirements of such letters set forth in Gal 302.03 (f).

 

Source.  #8101, eff 1-1-05; ss by #8942, eff 9-15-07, EXPIRED: 9-15-15

 

New.  #11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16

 

New.  312010, eff 10-21-16 (formerly Gal 302.05)

 

PART Gal 303  QUALIFICATIONS FOR CERTIFICATION

 

          Gal 303.01  Requirements for Certification.  An applicant for certification shall:

 

          (a)  Submit a fully completed original and 3 copies of an application form, actual payment of the amount of the required certification fee and all required supporting documentation, including but not limited to the check referred to in Gal 302.03 (c);

 

          (b)  Submit any additional information required under Gal 302.03;

 

          (c)  Hold either:

 

(1)  A bachelor’s degree from an accredited college or university plus at least 600 hours of experience in professional or volunteer activities dealing with children or incapacitated adults;

 

(2)  An associate’s degree from an accredited college or university plus at least 1,000 hours of experience in professional or volunteer activities dealing with children or incapacitated adults; or

 

(3)  An advanced degree from an accredited college or university beyond a bachelor’s degree, for which a bachelor’s degree is a prerequisite, plus at least 200 hours of experience in professional or volunteer activities dealing with children or incapacitated adults;

 

          (d)  Be at least 25 years of age;

 

          (e)  Never have been convicted of or pleaded guilty to any felony in any jurisdiction which has not been reversed or overturned on appeal or annulled;

 

          (f)  Never have been convicted of or pleaded guilty to:

 

(1)  Any misdemeanor in any jurisdiction involving a child or incapacitated adult as a victim or, in the case of offenses involving attempt, conspiracy, or solicitation, as the intended victim, which has not been reversed or overturned on appeal or annulled;

 

(2)  Any misdemeanor involving domestic violence as defined in RSA 173-B:1, IX, as further specified in RSA 173-B: 1, I so as to include either commission or attempted commission of an offense, which has not been reversed or overturned on appeal or annulled;

 

(3)  Solicitation or conspiracy to commit a misdemeanor involving domestic violence under (2) above, which has not been reversed or overturned on appeal or annulled;

 

(4)  Any misdemeanor committed contrary to the law of a jurisdiction other than the state of New Hampshire which would constitute domestic violence, as described under (f) (2) above, or solicitation or conspiracy to commit that offense, if committed in, or charged by, the state of New Hampshire, which has not been reversed or overturned on appeal or annulled;

 

(5)  Any misdemeanor which has not been reversed or overturned on appeal or annulled arising under:

 

a.  RSA 641:2, false swearing;

 

b.  RSA 641:3, unsworn falsification;

 

c.  RSA 641:4, false reports to law enforcement;

 

d.  RSA 645:1, indecent exposure and lewdness;

 

e.  RSA 638:1, forgery;

 

f.  RSA 633:3-a, stalking;

 

g.  RSA 633:4, interference with custody;

 

h.  RSA 644:4 harassment;

 

i.  RSA 632-A:4, sexual assault;

 

j.  RSA 631:2-a, simple assault;

 

k.  RSA 631:3, reckless conduct;

 

l.  RSA 633:3, false imprisonment;

 

m.  RSA 634:1, arson;

 

n.  RSA 634:2, criminal mischief;

 

o.  RSA 635:1, burglary;

 

p.  RSA 635:2 criminal trespass;

 

q.  RSA 637, theft;

 

r.  RSA 644:8, cruelty to animals;

 

s.  RSA 631:2-b, domestic violence;

 

t.  RSA 631:2, second degree assault;

 

u.  RSA 644:9-a, nonconsensual dissemination of private sexual images;

 

v.  RSA 633:7, trafficking in persons; or

 

w.  The law of a jurisdiction other than the state of New Hampshire, if the misdemeanor would constitute any of the offenses listed in (f) (5) above if committed in, or charged by the state of New Hampshire;

 

(6)  Any misdemeanor involving an attempt, conspiracy or solicitation to commit those offenses listed in subparagraph (5) above which has not been reversed or overturned on appeal or annulled; or

 

(7)  More than 2 misdemeanors of any type, regardless of the jurisdiction in which they arose, that have not been reversed or overturned on appeal or annulled;

 

          (g)  Not currently be an individual listed on the central registry of founded abuse and neglect reports, nor ever have been the subject of a founded report of child abuse or neglect in this or any other jurisdiction;

 

          (h)  Be of good character, as demonstrated by the applicant’s;

 

(1)  Respect for the rights of others and the law;

 

(2)  Fairness;

 

(3)  Trustworthiness and reliability; and

 

(4)  Professional commitment to the judicial process and the administration of justice;

 

          (i)  Never have been suspended from any activity as a guardian ad litem in any jurisdiction other than New Hampshire as the result of misconduct in the performance of his or her duties as a guardian ad litem, or as the result of a failure to be of good character, unless such suspension was reversed or overturned on appeal;

 

          (j)  Never have had any certification, registration, approval, or appointment as a guardian ad litem revoked as the result of misconduct in the performance of his or her duties as a guardian ad litem, or as the result of a failure to be of good character, in any jurisdiction other than New Hampshire, unless such revocation was reversed or the certification was reinstated, or unless the revocation was overturned on appeal;

 

          (k)  Never have had any certification, registration, approval or appointment as a guardian ad litem revoked in New Hampshire, by an entity other than the board, under the circumstances described in (j) above;

 

          (l)  If presently or formerly authorized to practice as an attorney in this or any other jurisdiction, never have been disbarred;

 

          (m)  Have completed the guardian ad litem training requirements specified in Gal 303.02 below;

 

          (n)  Be recommended for certification as a guardian ad litem by three individuals, as described in Gal 302.03 (f), in the manner described in Gal 302.04;

 

          (o)  Never have had his or her application for license, certification, registration, or approval to practice as a guardian ad litem denied in any jurisdiction other than New Hampshire on any basis that would constitute grounds for a denial of certification under RSA 490-C or the rules of the board, unless that denial was reversed, overturned on appeal, or the ground for denial was subsequently superceded by the granting of an application;

 

          (p)  Possess a current telephone number;

 

          (q)  Be able to clearly, succinctly and understandably articulate thoughts in writing as demonstrated by the person’s application, including the written submission required by Gal 302.03 (e); and

 

          (r)  Have access to reliable transportation.

 

Source.  #8101, eff 1-1-05; ss by #8942, eff 9-15-07; amd by #9523, eff 10-1-09; EXPIRED: 9-15-15 in paras. (b)-(s); ss by #11075, INTERIM, eff 4-18-16, EXPIRED:  10-15-16

 

New.  #12010, eff 10-21-16

 

          Gal 303.02  Training Requirements.

 

          (a)  An applicant for initial certification as a guardian ad litem shall complete the following training:

 

(1)  A course of general guardian ad litem training as specified in (b) below, completed within the 3 years prior to the submission of the material specified in Gal 302.01 (b);

 

(2)  A course of court specific training as set forth in (c) below, completed within the 3 years prior to the submission of the material specified in Gal 302.01 (b);

 

(3)  The State of New Hampshire child impact seminar completed within 3 years prior to submission of the material specified in Gal 302.01(b); and

 

(4)  4 hours of shadowing a certified guardian ad litem in court set forth in (d) below.

 

          (b)  General guardian ad litem training shall consist of a course or courses of study not to exceed 8 hours of training commissioned by the board under RSA 490-C:4, or offered by the board, that:

 

(1)  Encompasses instruction in at least the following areas:

 

a.  An overview of the role of guardians ad litem in New Hampshire;

 

b.  The composition and duties of the guardian ad litem board;

 

c.  Guardian ad litem training requirements, the guardian ad litem certification application process and complaint processes relative to guardians ad litem in New Hampshire;

 

d.  The standards of practice, court rules, guidelines, codes of ethics, administrative rules, and statutes applicable to guardians ad litem in New Hampshire;

 

e.  The dynamics of family groups, including but not limited to the broad range of ways in which families of different social, cultural, and economic backgrounds may meet the needs of children;

 

f.  Professionalism in guardian ad litem practice, the professional roles of other individuals involved in cases in New Hampshire in which a guardian ad litem may be involved and the scope and limits of guardian ad litem practice;

 

g.  The liabilities and immunities applicable to guardians ad litem in New Hampshire;   

 

h.  Techniques and strategies for the gathering of complete and reliable information regarding issues within the scope of the guardian ad litem’s appointment;

 

i.  The resources available to the parties from the state or from private agencies to address issues that may arise in cases in which guardians ad litem may be appointed;

 

j.  Business transactions;

 

k.  Domestic violence training;

 

l.  The role of guardians at litem in dealing with witnesses and victims;

 

m.  The role of guardians ad litem participating in hearings and post hearing obligations;   and

 

n.  Report writing and investigations.

 

          (c)  Court specific guardian ad litem training shall consist of a course or courses of study not to exceed 8 hours commissioned by the board under RSA 490-C:4, or offered by the board, as encompassing the following types of cases:

 

(1)  Abuse and neglect;

 

(2)  Permanency planning;

 

(3)  Children in need of services;

 

(4)  Delinquent children;

 

(5)  Custody;

 

(6)  Parental rights and responsibilities;

 

(7)  Domestic violence;

 

(8)  Termination of parental rights;

 

(9)  Guardianships of minors and incapacitated adults; and

 

(10)  For attorneys only, estates and criminal law.

 

          (d)  Shadowing a certified guardian ad litem shall consist of at least 4 hours in court.

 

Source.  #8101, eff 1-1-05; ss by #8942, eff 9-15-07, EXPIRED: 9-15-15

 

New.  #11075, INTERIM, eff 4-18-16, EXPIRED:  10-15-16

 

New.  #12010, ef 10-21-16

 

          Gal 303.03  Applicability of Qualification Provisions.

 

          (a)  To the extent that the provisions of this chapter relative to qualifications for certification may change during the term of a guardian ad litem’s initial period of certification, he or she shall not be deemed unqualified during that period if he or she meets the qualifications that were in effect at the time he or she was initially certified.

 

          (b)  A guardian ad litem seeking renewal of certification or reinstatement under Gal 400 shall meet the qualifications for renewal or reinstatement that are in effect at the time of that application for renewal or reinstatement.

 

Source.  #8101, eff 1-1-05; ss by #8942, eff 9-15-07, EXPIRED: 9-15-15

 

New.  #11075, INTERIM, eff 4-18-16, EXPIRED:  10-15-16

 

New.  #12010, eff 10-21-16

 

PART Gal 304  FEES

 

          Gal 304.01  Fee Schedule.

 

          (a)  The certification fee shall be $75.00.

 

          (b)  The renewal fee shall be $75.00.

 

          (c)  The reinstatement fee shall be $75.00 plus the renewal fee.

 

          (d)  The fee for filing petitions for declaratory rulings shall be $50.00.

 

          (e)  The fee for returned checks shall be $25.00, plus a separate $8.00 fee payable to the State of New Hampshire – Treasury.

 

Source.  #8101, eff 1-1-05; ss by #8942, eff 9-15-07, EXPIRED: 9-15-15

 

New.  #11075, INTERIM, eff 4-18-16, EXPIRED:  10-15-16

 

New.  #12010, eff 10-21-16

 

APPENDIX

 

Rule

Specific State Statute which the Rule Implements

Gal 301.01 – Gal 301.08

RSA 541-A: 7

Gal 302.01

RSA 490-C: 4, I (c); RSA 490-C:5, I(a), (c), (f); RSA 541-A: 29, I;

RSA 541-A: 16, I (b)

Ga1 302.02

RSA 490-C: 1; RSA 490-C: 4, I (c) (d); RSA 490-C: 5, I (a), (b), (c), (e); RSA 490-C: 5, II; RSA 490-C: 4, II (e), (g), (k); RSA 490-C: 5, II (c), (h); RSA 490-C: 5-a, I; RSA 490-C: 5-b; RSA 490-26-g; RSA 641: 3

Ga1 302.03

RSA 490-C: 1; RSA 490-C: 4, I (c) (d), RSA 490-C: 4, II (e), (g), (k);

RSA 490-C: 5, I (a), (c), (e); RSA 490-C: 5, II (c), (h); RSA 541-A: 16, I (b); RSA 490-C: 5-a; RSA 490-C: 5-b

Gal 302.04

RSA 490-C: 1; RSA 541-A: 7; RSA 490-C: 4, I (c); RSA 490-C: I, (a), (b), (c); RSA 490-C: 5-a; RSA 541-A: 16, I (b)

Ga1 303.01

RSA 490-C: 1; RSA 490-C: 4, I (c), (d); RSA 490-C: 5, I (c), (d), (e);

RSA 490-C: 5-a; RSA 173-B; RSA 631:2-a, 3; RSA 632-A: 4;

RSA 633:3, 3-a and 4; RSA 634: 1, 2; RSA 635: 1, 2; RSA Ch. 637;

RSA 638:1; RSA 641: 2; RSA 644: 4; RSA 645:1; RSA Ch. 629

Gal 303.01 (a)

RSA 490-C: 4, I (c); RSA 490-C: 5, I (a), (c); RSA 541-A:29;

RSA 490-C: 5-a, I; RSA 541-A: 16, I (b)

Ga1 303.02

RSA 490-C: 1; RSA 490-C: 4, I (c), (d); RSA 490-C: 5, I (c), (d);

RSA 490-C: 5-a; RSA 490-C: 4, II (a)

Ga1 303.03

RSA 490-C: 1; RSA 490-C: 4, I (c) (f); RSA 490-C: 5, I (c), (d), (e);

RSA 490-C: 5-a; RSA 541-A: 16, I (b); RSA 541-A: 14, IV;

RSA 541-A: 16, III

Gal 304.01

RSA 490-C;1; RSA 490-C:4,I(c); RSA 490-C:4,II(d),(h); RSA 480-C:5, I(f); RSA 490-C:5,II(b)