CHAPTER Gal 400  CONTINUED STATUS

 

PART Gal 401  RENEWAL OF CERTIFICATION

 

          Gal 401.01  Procedure for Renewal of Existing Certification.

 

          (a)  A certified guardian ad litem wishing to renew his or her certification shall submit the material specified at Gal 401.03 (b) (1) – (4) to the board no later than the date of the expiration of the certification and no earlier than 90 days prior to the date of the expiration of certification.

 

          (b)  Pursuant to RSA 490-C:5-a, III, if a timely application for renewal, containing all required information and materials has been made prior to the expiration of a certification, the existing certification shall not expire until the board has taken final action on the application for renewal.

 

          (c)  If an application is submitted to the board prior to the expiration of the person’s certification but the board, pursuant to Gal 401.03, requires additional information or materials in order to process that request, the person submitting the request shall be deemed temporarily certified.

 

          (d)  Temporary certification under (c) above shall expire when the board acts on the request pursuant to Gal 401.03.

 

          (e)  Renewal of an existing certification that is subject to suspension shall be subject to the provisions of Gal 402.07 (a).

 

Source.  #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 401.02  Procedures for Reinstatement of Certification.  A person whose certification has expired, been suspended, or revoked may again seek certification as follows:

 

          (a)  A person who was previously certified by the board but whose certification expired may seek to obtain reinstatement in accordance with Gal 401.04;

 

          (b)  A person whose certification has been suspended by the board pursuant to Gal 402.04(b)(1) shall be eligible for reinstatement in accordance with the terms of the settlement or agreement;

 

          (c)  A person whose certification has been suspended by the board pursuant to Gal 402.04(b)(2) or Gal 402.04(b)(3) shall be eligible for reinstatement only when the following conditions have been met:

 

(1)  The person seeking reinstatement submits an application in compliance with Gal 401.08;

 

(2)  After review, the board concludes it is more probable than not that:

 

a.  Reinstatement, either with or without alternative sanctions, would better assist the person in conforming his or her future conduct to the requirements of RSA 490-C, Gal 500 or other applicable law than would continuation of the suspension either with or without additional sanctions;

 

b.  The purposes served by the disciplinary action have been or would, with the imposition of alternative sanctions, be fully fulfilled;

 

c.  Reinstatement would pose no risk of potential harm to the health, safety, welfare, or best interests of a recipient of services or potential recipients of services;

 

d.  The person possesses the continuing education required for reinstatement; and

 

e.  The person is otherwise qualified for reinstatement; and

 

(3)  The person has complied with any other sanction, penalty, or condition of certification imposed upon him or her, including the terms of any settlement or agreement with the board, as required;

 

          (d)  A person whose certification has been suspended by the board for reasons other than as described above shall be eligible for reinstatement:

 

(1)  After the period of suspension has expired:

 

(2)  After the person has complied with any other sanction or penalty imposed upon him or her by the board; and

 

(3)  When the person is otherwise qualified for reinstatement;

 

          (e)  A person whose certification has been revoked by the board pursuant to Gal 402.03(b)(1) shall be reinstated by the board when the following circumstances have been met:

 

(1)  The person has not previously had his or her certification revoked and reinstated;

 

(2)  The person submits and application in compliance with Gal 401.08;

 

(3)  The board concludes after review that:

 

a.  The person has submitted the material required by Gal 401.04;

 

b.  A period of at least 3 years has elapsed from the date of the revocation;

 

c.  The person has completed the continuing education requirements of Gal 403.01(a);

 

d.  The person meets the qualifications for reinstatement set forth in Gal 401.13;

 

e.  Reinstatement of certification, either with or without alternative sanctions, would better assist the person in conforming his or her future conduct to the requirements of statutory, administrative, or case law than would the continuation of the penalty of revocation, either with or without additional sanctions;

 

f.  The purposes served by the revocation have been completely fulfilled; and

 

g.  Reinstatement, either with or without alternative sanctions, would likely pose no risk of potential harm to the health, safety, welfare, or best interests of a recipient of services or potential recipient of services; and

 

(4)  The person has complied with any other sanction, penalty, or condition of certification imposed upon him or her, including the terms of any settlement or agreement with the board, as required.

 

Source.  #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 401.03  Certification Renewal Process.

 

          (a)  Renewal application forms containing the information described in Gal 401.07 below 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 for renewal until such a time as the following material has been received by the board:

 

(1)  A fully completed original renewal application form specified in Gal 401.07, together with 3 copies of that form;

 

(2)  Any required supporting materials specified in Gal 401.09;

 

(3)  The applicable fee specified in Gal 304.01; and

 

(4)  Return from the department of safety of the results of the criminal record check authorized by submission of the material specified at Gal 401.09 (a) and (b).

 

          (c)  In accordance with RSA 541-A:29, I, the board shall, through its personnel, representative, or staff, within 60 days of the receipt of the applicant’s submission under paragraph (b) above, notify the applicant 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 (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, actual payment of the 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 approve or deny the application.

 

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

 

          (h)  Any request for hearing under (g) above shall be submitted to the board within 30 days of the date of the letter of denial.

 

Source.  #8942, eff 9-15-07; amd by #9523, eff 10-1-09; EXPIRED: 9-15-15 in paras. (a)(2) & (3), (b)(1), (b)(3)-(5), and (d)-(h); ss by #11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16

 

New.  #12010, eff 10-21-16

 

          Gal 401.04  Certification Reinstatement Process.

 

          (a)  Reinstatement application forms containing the information described in Gal 401.08 below shall:

 

(1)  Be legibly completed using a typewriter or electronic device which creates printed characters;

 

(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 for reinstatement until such a time as the following material has been received by the board:

 

(1)  A fully completed original reinstatement application form specified in Gal 401.08, together with 3 copies of that form;

 

(2)  Any required supporting materials specified in Gal 401.10;

 

(3)  The applicable fees specified in Gal 304.01; and

 

(4)  Return from the department of safety of the results of the criminal record check authorized by submission of the material specified at Gal 401.10 (a) and (b).

 

          (c)  In accordance with RSA 541-A:29, I, the board shall, through its personnel, representative, or staff, within 60 days of the receipt of the applicant’s submission under paragraph (b) above, notify the applicant 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 (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, actual payment of the fees 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 approve or deny the application.

 

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

 

          (h)  Any request for hearing under (g) above shall be submitted to the board within 30 days of the date of the letter of denial.

 

Source.  #8942, eff 9-15-07; amd by #9523, eff 10-1-09; EXPIRED: 9-15-15 in intro. para., (a), (b), and (d)-(g)

 

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

 

New.  #12010, eff 10-21-16

 

          Gal 401.05  Denial of Renewal.  Certification renewal shall be denied if the board finds that:

 

          (a)  The applicant has requested renewal of an existing certification after the expiration of the certification which the person is seeking to renew;

 

          (b)  The applicant has failed to submit a fully completed original and 3 copies of an application form, all supporting documentation as is required for the certification and all material and information, if any, requested under Gal 401.03 (c) and (d) above;

 

          (c)  The board has not received the results of the criminal record check authorized by submission of the material specified at Gal 401.09 (a) and (b);

 

          (d)  The applicant has not made actual payment to the board of funds in the applicable amount specified in Gal 304.01;

 

          (e)  The applicant has failed to meet the qualifications for renewed certification; or

 

          (f)  The applicant has failed to comply with any prior condition of certification, including the terms of any settlement or agreement with the board.

 

Source.  #8942, eff 9-15-07; amd by #9523, eff 10-1-09; EXPIRED: 9-15-15 in paras. (a)(2), (a)(3), (b), & (c)

 

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

 

New.  #12010, eff 10-21-16 (from Gal 401.04)

 

          Gal 401.06  Denial of Reinstatement.  Certification reinstatement shall be denied if the board finds that:

 

          (a)  The applicant has failed to submit a fully completed original and 3 copies of an application form,  all supporting documentation as is required for the reinstatement and all material and information, if any, requested under Gal 401.04 (c) and (d) above;

 

          (b)  The board has not received the results of the criminal record check authorized by submission of the material specified at Gal 401.10;

 

          (c)  The applicant has not made actual payment to the board of funds in the applicable amounts specified in Gal 304.01;

 

          (d)  The applicant has failed to meet the qualifications for reinstatement certification; or

 

          (e)  The applicant has failed to comply with any prior condition of certification, including the terms of any settlement or agreement with the board.

 

Source.  #8942, eff 9-15-07; amd by #9523, eff 10-1-09; EXPIRED: 9-15-15 in paras. (a)(2), (a)(3), (b), (c)(1) and (c)(3)-(12); ss by #11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16

 

New.  #12010, eff 10-21-16

 

          Gal 401.07  Renewal Application Form.  Unless another form is specified by these rules, a guardian ad litem who is seeking a new period of certification shall provide the following on a renewal application form provided by the board:

 

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

 

(1)  The applicant’s full name;

 

(2)  Any name by which the person has been known since submitting his or her most recent application form, including the dates that the name or names were used;

 

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

 

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

 

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

 

          (b)  Under the preprinted heading “Recent Employment History,” the following information:

 

(1)  The name of applicant’s current employer, including self-employment;

 

(2)  The address and telephone number of applicant’s current employer;

 

          (c)  Under the preprinted heading “Recent Education,”

 

(1)  Whether the applicant has, since the most recent application, completed the required 30 hours of continuing education;

 

(2)  Attaching a separate piece of paper if necessary, a log of courses containing the following information:

 

a.  The title of the activity;

 

b.  A brief description of the topics covered in the activity;

 

c.  Whether, in accordance with Gal 403.09, the person has retained in his or her possession such documentation which would serve to verify:

 

1.  That the activity is of the nature described in Gal 403.02;

 

2.  The number of credits claimed; and

 

3. The person’s actual attendance at or participation in the activity within the applicable time period set forth in these rules;

 

d.  The date of the person’s participation in the activity;

 

e.  The name of the person or entity sponsoring or otherwise arranging for the activity;

 

f.  The number of continuing education credits claimed for participation in each activity;

 

g. If the activity was of one of the specific types of activity listed in Gal 403.03, identification of the category into which the activity falls;

 

h.  If the activity was not one of the specific types of activity listed in Gal 403.03:

 

1.  A description of the activity;

 

2.  Whether or not the activity has been approved for continuing education credit under Gal 403.05 and Gal 403.06;

 

3.  If the activity has been approved for continuing education credit under Gal 403.05 and Gal 403.06, the date of approval; and

 

4.  If not previously approved for continuing education credit under Gal 403.05 and Gal 403.06, whether the applicant has submitted a request for approval described at Gal 403.06;

 

(3)  The total number of continuing education credits claimed in the period which pertains to the application;

 

(4)  The total number of continuing education credits required in connection with the application; and

 

(5)  The percentage of the total continuing education credits claimed that relate to service as an instructor under Gal 403.03 (e), or (g), or any combination of those paragraphs;

 

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

 

(1)  Whether or not any of the applicant’s answers to the “Professional Records and Ethics” questions on the most recent application have changed since filing the most recent application; and

 

(2)  If yes, on a separate piece of paper, the following information:

 

a.  Name;

 

b.  Address;

 

c.  Telephone number of organization;

 

d.  Court or entity taking such action;

 

e.  Docket number;

 

f.  Type of action taken;

 

g.  Date of action;

 

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

 

i.  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

 

j.  The procedural history of the matter, including whether the action was reversed or overturned on appeal;

 

          (e)  Under the heading “Other Information”:

 

(1)  Whether the applicant has, since last filing an application for licensure, 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, landlord/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; and

 

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

 

a.  Name and docket number of the case;

 

b.  Name of the court in which the matter was pending;

 

c.  Date the matter was initiated;

 

d.  Description of the nature of the case; and

 

e.  Whether the matter is still pending;

 

          (f)  The applicant’s name in print;

 

          (g)  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 thereunder;

 

(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 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

 

          (h)  The date of the signature described in (g) above.

 

Source.  #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 401.08  Reinstatement Application Form.  Unless another form is specified by these rules, a guardian ad litem who is seeking reinstatement shall provide the following on a reinstatement application form provided by the board:

 

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

 

(1)  The applicant’s full name;

 

(2)  Any name by which the person has been known since submitting his or her most recent application form, including the dates that the name or names were used;

 

(3)  The applicant’s mailing address of his or her GAL Business;

 

(4)  The applicant’s telephone number of his or her GAL Business; and

 

(5)  The applicant’s GAL business email address;

 

          (b)  Under the preprinted heading “Recent Employment History,” the following information:

 

(1)  The name of applicant’s current employer, including self-employment; and

 

(2)  The address and telephone number of applicant’s current employer;

 

          (c)  Under the preprinted heading “Recent Education,”

 

(1)  Whether the applicant has, within the last 3 years, completed the required 30 hours of continuing education;

 

(2)  Attaching a separate piece of paper if necessary, a log of courses containing the following information:

 

a.  The title of the activity;

 

b.  A brief description of the topics covered in the activity;

 

c.  Whether, in accordance with Gal 403.09, the person has retained in his or her possession such documentation which would serve to verify:

 

1.  That the activity is of the nature described in Gal 403.02;

 

2.  The number of credits claimed; and 

 

3. The person’s actual attendance at or participation in the activity within the applicable time period set forth in these rules;

 

d.  The date of the person’s participation in the activity;

 

e.  The name of the person or entity sponsoring or otherwise arranging for the activity;

 

f.  The number of continuing education credits claimed for participation in each activity;

 

g. If the activity was of one of the specific types of activity listed in Gal 403.03, identification of the category into which the activity falls; and

 

h.  If the activity was not one of the specific types of activity listed in Gal 403.03:

 

1.  A description of the activity;

 

2.  Whether or not the activity has been approved for continuing education credit under Gal 403.05 and Gal 403.06;

 

3.  If the activity has been approved for continuing education credit under Gal 403.05 and Gal 403.06, the date of approval; and

 

4.  If not previously approved for continuing education credit under Gal 403.05 and Gal 403.06, whether the applicant has submitted a request for approval described at Gal 403.06;

 

(3)  The total number of continuing education credits claimed in the period which pertains to the application;

 

(4)  The total number of continuing education credits required in connection with the application; and

 

(5)  The percentage of the total continuing education credits claimed that relate to service as an instructor under Gal 403.03 (e), or (g), or any combination of those paragraphs;

 

          (d)  Under the preprinted heading “Certification Status”:

 

(1)  The beginning and end dates of the applicant’s most recent certification; and

 

(2)  If the applicant is a guardian ad litem who was formerly certified by the board:

 

a.  Whether the applicant’s most recent certification, its expiration, or the request for reinstatement is subject to the terms of any settlement or agreement with the board;

 

b.  Whether the applicant’s most recent certification expired while under a period of suspension;

 

c.  Whether the applicant’s most recent certification was revoked by the board and, if so, whether the applicant has ever previously had his or her certification revoked and reinstated by the board;

 

d.  Whether the application follows a resignation or surrender of the applicant’s most recent certification and, if so, the date that the resignation or surrender was approved by the board;

 

e. Whether the application follows a previous unsuccessful attempt to renew the applicant’s most recent certification and, if so, the date of that unsuccessful attempt; and

 

f. Whether the applicant is requesting new certification after his or her most recent certification was revoked by the board and, if so, whether the applicant has submitted a separate written request for a hearing on reinstatement;

 

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

 

(1)  Since submitting the most recent application whether or not any of the applicant’s answers to the “Professional Records and Ethics” questions on the most recent application have changed;

 

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

 

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

 

b.  The docket number of such action;

 

c.  The type of action taken;

 

d.  The date of action;

 

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

 

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

 

g. The procedural history of the matter, including whether the action was reversed or overturned on appeal;

 

          (f)  Under the heading “Other Information”:

 

(1)  Since the most recent application has applicant 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; and

 

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

 

a.  The name and docket number of the case;

 

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

 

c.  The date the matter was initiated;

 

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

 

e.  Whether the matter still pending;

 

          (g)  The applicant’s name in print;

 

          (h)  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 thereunder;

 

(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 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

 

          (i)  The date of the signature described in (h) above.

 

Source.  #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 401.09  Required Supporting Materials for Renewal Certification.  In addition to the completed renewal application form, a person shall also submit or cause to be submitted to the board:

 

          (a)  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 dated within 6 months of the application;

 

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

 

          (c)  An original writing together with 3 copies from the central registry of founded abuse and neglect reports established under RSA 169­-C:35 indicating that the applicant’s name does not now appear in the central registry of founded abuse and neglect reports dated within 6 months of the application;

 

          (d)  If the applicant’s answer to Gal 401.07 (d) (1) is yes and the information previously provided by the applicant on his or her most recent application form under the heading of “Professional Record and Ethics” in Gal 302.02 (f) has changed in a manner that involves the issuance of an order, decision or other writing from a professional organization or supervising entity which sets forth the terms of a disbarment, revocation, suspension, reprimand, discipline, sanction, censure, disqualification, denial, fine, suspension, or penalty:

 

(1)  4 copies of the order, decision, or other writing if any from the entity imposing the fine, suspension, sanction, penalty, denial, disqualification, censure, discipline, reprimand, disbarment, or revocation, setting forth the factual findings and conclusions; and

 

(2) If the disbarment, revocation, suspension, reprimand, discipline, sanction, censure, disqualification, denial, penalty, or fine has ended, or if it was subsequently reversed or overturned on appeal, 4 copies of the order, decision or writing, if any, so relating to that matter;

 

          (e)  If requested under Gal 401.03 or Gal 404.01, such additional information required by the board;

 

          (f)  If the applicant is, at the time of his or her application, seeking approval of an activity not listed in Gal 403.03 for continuing education credit, a request for approval together with 3 copies as described in Gal 403.06; and

 

          (g)  If the applicant is, at the time of the filing of an application, requesting an alteration of time in which to complete continuing education, an original signed, written request together with 3 copies pursuant to Gal 403.01 (i).

 

Source.  #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 401.10 Required Supporting Materials for Reinstatement. In addition to the completed reinstatement application form, a person shall also submit or cause to be submitted to the board:

 

          (a)  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;

 

          (b)  A check made out to the New Hampshire department of safety in the amount specified by Saf-C 5703.10;

 

          (c)  An original writing together with 3 copies from the central registry of founded abuse and neglect reports established under RSA 169­-C:35 indicating that the applicant’s name does not now appear in the central registry of founded abuse and neglect reports;

 

          (d)  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;

 

          (e)  A written waiver of confidentiality, which includes the printed name and a dated signature of the applicant, 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)  CASA, if the person is a CASA volunteer; and

 

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

 

          (f)  If the applicant’s answer to Gal 401.08 (e)(1) is yes and the information previously provided by the applicant on his or her most recent application form under the heading of “Professional Record and Ethics” in Gal 302.02 (f) has changed in a manner that involves the issuance of an order, decision or other writing from a professional organization or supervising entity which sets forth the terms of a disbarment, revocation, suspension, reprimand, discipline, sanction, censure, disqualification, denial, or fine, suspension, or penalty:

 

(1)  4 copies of the order, decision, or other writing if any from the entity imposing the fine, suspension, sanction, penalty, denial, disqualification, censure, discipline, reprimand, disbarment, or revocation, setting forth the factual findings and conclusions; and

 

(2) If the disbarment, revocation, suspension, reprimand, discipline, sanction, censure, disqualification, denial, penalty, or fine has ended, or if it was subsequently reversed or overturned on appeal, 4 copies of the order, decision, or writing, if any, so relating to that matter;

 

          (g)  In the case of a request for reinstatement which follows, is part of, or is covered by a settlement or agreement with the board, 4 copies of the settlement or agreement;

 

          (h)  In the case of a request for reinstatement where the most recent certification ended as the result of a resignation or surrender of certification, 4 copies of the board’s acceptance of the resignation or surrender pursuant to Gal 404.02;

 

          (i)  If requested under Gal 401.03 or Gal 404.01, such additional information required by the board;

 

          (j)  If the applicant is, at the time of his or her application, seeking approval of an activity not listed in Gal 403.03 for continuing education credit, a original signed request for approval together with 3 copies as described in Gal 403.06; and

 

          (k)  An original signed written statement together with 3 copies as to why the applicant is seeking reinstatement.

 

Source.  #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, ef 10-21-16

 

          Gal 401.11  General Qualifications for Renewal.  An applicant for certification renewal shall:

 

          (a)  Fully complete and submit the application form and all required supporting documentation, including but not limited to the check referred to in Gal 401.09 (b);

 

          (b)  Submit any additional information required under Gal 401.03 (c) and (d);

 

          (c)  Make actual payment of the amount of the applicable fee specified in Gal 304.01;

 

          (d)  Have completed the continuing education requirements specified in Gal 403.01;

 

          (e)  Not have been suspended from any activity as a guardian ad litem in any jurisdiction other than New Hampshire under the circumstances described in Gal 303.01 (i);

 

          (f)  Not 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;

 

          (g)  Never have had any certification, registration, approval or appointment as a guardian ad litem revoked in any jurisdiction other than New Hampshire under the circumstances described in Gal 303.01 (j);

 

          (h)  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 Gal 303.01 (k);

 

          (i)  Excluding the imposition of counseling or treatment under Gal 402.01(g) below, never have had sanctions or penalties imposed upon him or her by the board for more than two incidents, unless reversed or overturned on appeal;

 

          (j)  If the person has previously been assessed a penalty or sanction by the board, by agreement or otherwise, have fulfilled the terms of any such penalty or sanction, unless that penalty or sanction is pending on a request for reconsideration or other form of alteration by the board, is the subject of an appeal or was designed to continue beyond the date of the prior certification;

 

          (k)  Possess a current email address;

 

          (l)  Possess a current telephone number; and

 

          (m)  Have access to reliable transportation.

 

Source.  #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 (from Gal 401.10)

 

          Gal 401.12  Temporary Certification for Purposes of Completion of Appointment.

 

          (a)  In addition to such other provisions regarding temporary certification noted in this chapter, the board shall temporarily certify a person if:

 

(1)  The person:

 

a.  Is a formerly certified guardian ad litem who was not the subject of a disciplinary proceeding or ongoing penalties or sanctions at the time his or her certification ended or at any time thereafter; and

 

b.  Is currently serving as a guardian ad litem under an appointment by a New Hampshire court, including the New Hampshire judicial branch family division; or

 

(2)  The person:

 

a.  Is a currently certified guardian ad litem who:

 

1.  Is not currently the subject of a disciplinary proceeding or ongoing penalties or sanctions; and

 

2.  Does not plan to seek renewal of his or her certification and for that reason does not submit a timely renewal application, or does not fulfill the continuing education requirements for renewal; and

 

b.  Is currently serving as a guardian ad litem under an appointment by a New Hampshire court, including the New Hampshire judicial branch family division.

 

          (b)  A person seeking temporary certification under (a) above shall submit the fee and a request for temporary certification which:

 

(1)  Is in writing;

 

(2)  Specifies the reason or reasons that temporary certification is required; and

 

(3)  Specifies the duration of the requested temporary certification.

 

          (c)  Temporary certification under (a) above shall be for a period of not more than 2 years and 364 days or until such time as the appointment or appointments giving rise to the request for temporary certification ends, whichever is earlier.

 

          (d)  If the applicant is approved for temporary certification for the purpose of completing an appointment, the applicant shall:

 

(1)  Not take any new cases during the temporary certification; and

 

(2)  Notify the board once the case or cases are closed.

 

          (e)  If at the end of a temporary certification the applicant chooses to again seek certification he or she shall do so as a new applicant.

 

Source.  #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 401.13  Qualifications for Reinstatment  An applicant for reinstatement shall:

 

          (a)  Be seeking reinstatement after certification expiration, suspension or revocation;

 

          (b) Fully complete and submit the reinstatement application form, and all required supporting documentation, including but not limited to the check referred to in Gal 401.10 (b);

 

          (c)  Submit any additional information required under Gal 401.04 (c) and (d);

 

          (d)  Make actual payment of the amount of the applicable fees specified in Gal 304.01(b) & (d);

 

          (e)  Have completed the continuing education requirements specified in Gal 403.01;

 

          (f)  Never have been suspended from any activity as a guardian ad litem in any jurisdiction other than New Hampshire under the circumstances described in Gal 303.01 (i);

 

          (g)  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;

 

          (h)  Never have had any certification, registration, approval, or appointment as a guardian ad litem revoked in any jurisdiction other than New Hampshire under the circumstances described in Gal 303.01 (j);

 

          (i)  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 Gal 303.01 (k);

 

          (j)  Excluding the imposition of counseling or treatment under Gal 402.01(g) below, never have had sanctions or penalties imposed upon him or her by the board for more than two incidents, unless reversed or overturned on appeal;

 

          (k)  If the person has previously been assessed a penalty or sanction by the board, by agreement or otherwise, have fulfilled the terms of any such penalty or sanction, unless that penalty or sanction is pending on a request for reconsideration or other form of alteration by the board, is the subject of an appeal or was designed to continue beyond the date of the prior certification;

 

          (l)  Possess a current telephone number;

 

          (m)  Have access to reliable transportation; and

 

          (n)  Possess a current email address.

 

Source.  #12010, eff 10-21-16

 

PART Gal 402  REVOCATION, SUSPENSION AND OTHER SANCTIONS

 

          Gal 402.01  Types of Sanctions.  Pursuant to RSA 490-C: 4, I (f) and further subject to the provisions of RSA 490-C: 4, I (g), the penalties and sanctions which may be imposed upon presently certified guardians ad litem, and upon formerly certified guardians ad litem found to have engaged in acts or omissions prohibited when certified, shall include, either singly or in combination:

 

          (a)  Revocation of certification;

 

          (b)  Suspension of certification;

 

          (c)  Supplemental training, consisting of specified reading, the viewing of, or listening to, specified recordings, or attendance at specific live instruction which:

 

(1)  Shall be related to the subject matter of the infraction charged;

 

(2)  Shall be above and beyond the normal continuing educational requirements established by these rules; and

 

(3)  Shall be paid for at the expense of the guardian ad litem charged, regardless of whether or not such training would normally qualify for continuing education credit under these rules;

 

          (d)  Supervised training, consisting of specified in-person instruction by a certified New Hampshire guardian ad litem which:

 

(1)  Shall be related to the subject matter of the infraction charged;

 

(2)  Shall be above and beyond the normal continuing educational requirements established by these rules; and

 

(3) Shall be paid for at the expense of the guardian ad litem charged, regardless of whether or not such training would normally qualify for continuing education credit under these rules;

 

          (e)  Supplemental education, consisting of a specified course, or specified courses, above and beyond the normal continuing educational requirements established by these rules, which shall:

 

(1)  Relate to the subject matter of the infraction charged;

 

(2)  Be of a nature that would, under normal circumstances, qualify for continuing education credit under these rules; and

 

(3)  Be paid for at the expense of the guardian ad litem charged;

 

          (f)  A fine;

 

          (g)  Treatment and counseling, including but not limited to specified treatment and counseling for alcohol and substance abuse, which shall consist of one or more of the following, at the expense of the guardian ad litem charged:

 

(1)  Consultation and treatment with a mental health professional regarding the guardian ad litem’s reason for engaging in the infraction;

 

(2)  Consultation with an alcohol and other drug abuse professional certified under RSA 330-C; or

 

(3)  Attendance at Alcoholics Anonymous, Narcotics Anonymous, or similar meetings that provide assistance to individuals in addressing sobriety or dependency issues; 

 

          (h)  Written reprimand, consisting of a written communication from the board or its authorized representative to the person charged with a violation explaining the nature of the infraction and the board’s findings; and

 

          (i)  Voluntary resignation of certification in lieu of revocation.

 

Source.  #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 402.02  Standard for Imposition of Penalties and Sanctions.

 

          (a)  In determining whether or which sanctions or penalties to impose in a particular case, the board shall:

 

(1)  Consider whether extenuating circumstances exist pursuant to Gal 503.01 (e); and

 

(2)  In the absence of extenuating circumstances, consider the following when determining the penalty or sanction, or the combination of penalties or sanctions, to be imposed:

 

a.  The nature and magnitude of the infraction, including the nature of the harm that was, or may have been, caused by the act or omission at issue;

 

b.  Whether a particular penalty is prescribed by the rules of the board;

 

c.  The particular circumstances relating to the act or omission at issue;

 

d.  The probable reason or reasons for the act or omission;

 

e.  The person’s past history of discipline, sanction or penalty, if any, imposed by the board, or by any other entity charged with overseeing the conduct of the person charged;

 

f.  Whether the person has cooperated with any investigation into the matter under consideration; and

 

g.  Whether the person may have violated the ethical standard and standard of practice set forth at Gal 503.02 (a), relating to acting in the best interests of the recipient of services.

 

          (b)  In cases in which a penalty or sanction is to be imposed, the board shall impose such penalty or sanction, or combination of penalties and sanctions, as it concludes:

 

(1)  Takes into account the factors set forth in (a) (2) above;

 

(2)  Will likely:

 

a.  Convey to the person the importance of adhering to the requirements of the rule or law violated, or rules and laws generally; or

 

b.  Assist the person in conforming his or her future conduct to the requirements of rules or law, either in general or as they relate to the functions of guardians ad litem;

 

(3)  Will likely serve as a general deterrent to the commission of a similar violation by other persons in the future;

 

(4)  Is or are not disproportionate to the magnitude of the act or omission at issue;

 

(5)  Will likely be perceived by the general public as fair in light of the particular circumstances of the offense; and

 

(6)  Will not, if imposed, be likely to increase a risk of harm to the health, safety, welfare, or best interests of any recipient of services or potential recipient of services.

 

Source.  #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 402.03  Revocation of Certification.

 

          (a)  In cases in which the board concludes that revocation is the penalty that must be imposed by these rules, the board shall impose, in addition to revocation, such additional penalties or sanctions, if any, as it concludes are required under the standards set forth in Gal 402.02.

 

          (b)  Absent a finding of extenuating circumstances under Gal 503.01 (e), the board shall impose the sanction of revocation of certification if:

 

(1)  The revocation was included as part of a settlement or agreement with the guardian ad litem;

 

(2)  The board finds that it is more likely than not that the person:

 

a.  Does not possess the qualifications set forth in RSA 490-C or the rules of the board, other than those requirements relating to continuing education;

 

b.  Has made fraudulent, intentionally deceitful, or false statements to the board when applying for any certification, recertification or renewed or reinstated certification, or in any other document or oral communication submitted or made to the board;

 

c.  Has failed to comply with other sanctions or penalties imposed upon him or her by the board as required;

 

d.  Has committed a violation for which sanctions or penalties must be imposed and the person has previously had his or her certification suspended by the board on 2 other occasions in the past, including but not limited to suspensions for failure to abide by continuing education requirements; or

 

e.  Has been involved in a new incident for which sanctions or penalties must be imposed and the person has previously had sanctions or penalties, other than the imposition of counseling or treatment under Gal 402.01(g), imposed upon him or her by the board for two prior incidents, unless reversed or overturned on appeal; or

 

(3)  The board finds that no penalty other than revocation, with or without additional sanctions, is suitable under the standard set forth in Gal 402.02.

 

          (c)  The board shall conditionally certify a formerly certified guardian ad litem for the purposes of imposing a disciplinary revocation of certification, whether or not the person meets the qualifications of Gal 303.01 or Gal 401.10, when the board concludes that, while certified, the guardian ad litem engaged in acts or omissions for which revocation of certification is the penalty that must be imposed under paragraph (b) above or Gal 402.02.

 

          (d)  Conditional certification for the purposes of disciplinary revocation under paragraph (c) above shall:

 

(1)  Not preclude the imposition of additional sanctions, either before or after revocation, under the standards set forth in Gal 402.02;

 

(2)  Be solely for the purposes of imposing the sanction of revocation;

 

(3)  Not be construed or represented by the person conditionally certified as a conclusion by the board that the person so conditionally certified meets the qualifications of Gal 303.01 or Gal 401.11; and

 

(4)  Expire immediately upon the imposition of the sanction of revocation.

 

Source.  #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 402.04  Suspension of Certification.

 

          (a)  In cases in which the board concludes that suspension is the penalty that must be imposed under these rules, the board shall impose, in addition to suspension, such additional penalties or sanctions, if any, as it concludes are required under the standards set forth in Gal 402.02.

 

          (b)  Absent a finding of extenuating circumstances under Gal 503.01 (e), the board shall impose the sanction of suspension of certification if:

 

(1)  The suspension was included as part of a settlement or agreement with the guardian ad litem;

 

(2)  The board finds that it is more likely than not that the guardian ad litem has not completed the applicable continuing education requirements specified in this chapter, unless:

 

a.  In accordance with Gal 403.01(i), the board grants an alteration of time in which to complete those requirements and the person complies with the alteration granted; or

 

b.  The person has had a suspension imposed for failure to complete continuing education requirements within the specified or altered time period on two other occasions in the past, in which case the penalty shall be revocation under Gal 402.03 (b) 2. d.; or

 

(3)  The board finds that no penalty other than suspension, with or without additional sanctions, is suitable under the standard set forth in Gal 402.02.

 

Source.  #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 402.05  Alternative to Suspension in Cases Involving a Formerly Certified Guardian ad Litem.  In the case of a formerly certified guardian ad litem found to have engaged in acts or omissions for which suspension of certification would otherwise be imposed, the penalty shall instead be any combination of:

 

          (a)  A written reprimand;

 

          (b)  A fine; and

 

          (c)  Such other sanction, if any, as the board concludes is required under the standards set forth in Gal 402.02.

 

Source.  #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 402.06  Length of Suspensions and Amount of Fine.

 

          (a)  In the case of a suspension for failure to complete continuing education requirements specified by this chapter, the suspension shall continue until such time as:

 

(1)  The person suspended submits to the board written documentation satisfying the requirements of Gal 403.09, to show completion of the required continuing education; and

 

(2)  The board concludes that:

 

a.  The continuing education claimed meets the requirements of Gal 403 that are applicable to the person’s situation;

 

b.  The person is otherwise qualified; and

 

c.  No further period of suspension is warranted under the standard set forth at Gal 402.02 (b).

 

          (b)  In cases other than (a) above, the period of a suspension imposed by the board shall be for such period as the board concludes meets the requirements of Gal 402.02 (b), but in no event for longer than 2 years and 364 days per offense.

 

          (c)  A fine imposed by the board shall be in such amount as the board concludes meets the requirements of Gal 402.02 (b), but shall not exceed the amount of $1,500 per offense.

 

Source.  #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 403  CONTINUING EDUCATION

 

          Gal 403.01  Continuing Education Requirements.

 

          (a)  Guardians ad litem requesting renewal of an existing certification, shall complete at least 30 continuing education credits within the expiring period of certification that gave rise to the request for renewal.

 

          (b)  A certified or previously certified person who has entered into a settlement or agreement with the board that includes a specification of continuing education credit that is to be completed shall complete continuing education credits as required by the settlement or agreement.

 

          (c)  A formerly certified person requesting reinstatement of a certification that has expired or been suspended or revoked shall complete at least 30 continuing education credits as described in Gal 403.02 and Gal 403.03 within the 3-year period prior to the request for reinstatement.

 

          (d)  All continuing education shall be completed in the periods specified in these rules, except that:

 

(1)  In accordance with paragraph (i) below, a person may request alteration of the time in which continuing education credits may be completed, which altered period, if allowed by the board, shall substitute for the normal period of time in which to complete continuing education requirements; and

 

(2)  Where a person has earned continuing education credits in the 90 days prior to the expiration of a period of certification and those credits are not otherwise claimed, the credits may be utilized toward the continuing education requirement for the renewal period beginning 3 years after the period of certification in which the credits were earned.

 

          (e)  Excess credits earned shall not be carried over into any other period for which continuing education is required, except as provided in paragraph (d) above.

 

          (f)  Applicants requesting renewal of an existing certification shall complete continuing education credits prior to any period of temporary certification under Gal 401.01 (c) and (d), unless otherwise allowed by the board pursuant to paragraph (i) below.

 

          (g)  Activities in which an individual is engaged in order to fulfill a sanction or penalty imposed by the board, other than those specifically taken to complete a suspension imposed for failure to complete continuing education requirements, shall not be counted toward credit for continuing education.

 

          (h)  Only those activities qualifying for continuing education credits under Gal 403.02 and Gal 403.03, or those activities qualifying for continuing education credit under Gal 403.05 and approved under Gal 403.06 shall be claimed as continuing education credits.

 

          (i)  The board shall alter the time in which continuing education credits shall be completed:

 

(1)  Upon request of a person wishing to obtain an alteration, if:

 

a.  The person wishing to obtain the alteration submits to the board a signed, written request that:

 

1.  Explains the reasons he or she believes that an alteration is necessary; and

 

2.  Specifies the length or nature of the alteration requested; and

 

b.  The board concludes that:

 

1.  The person was or will be unable to complete the required number of continuing education credits within the applicable time period;

 

2.  The person’s inability to complete the required credits within the applicable period was or is due to circumstances which were or are beyond the control of the applicant, other than a mistaken belief as to the requirements of this chapter; and

 

3.  It is likely that all required credits will be completed within the requested time period or such period specified by the board in its order relative to the alteration; or

 

(2)  If, in the absence of a specific request for alteration, the board concludes that to do so is necessary either:

 

a.  Under the standard set forth in (1) b. above; or

 

b.  To effectively implement the provisions of this chapter;

 

          (j)  A person who has been granted an alteration of time periods under (i) above shall be deemed temporarily certified if:

 

(1)  To do so is necessary in order to avoid a denial of certification on the basis that the person has failed to fulfill continuing education requirements; and

 

(2)  The person is otherwise qualified.

 

          (k)  Temporary certification under (j) above shall remain in effect only for the altered time period specified by the board.

 

          (l)  A person who, under (i) above, has been granted additional time in which to complete continuing education credits shall submit to the board written documentation, as described in Gal 403.08 (b) (1) through (8) and (10), of the completion of those credits on or before the close of the period of extension.

 

          (m)  No more than 75% of the total continuing education credits claimed by a guardian ad litem in any one period may consist of credit for service as an instructor under Gal 403.03 (e), or (g), or any combination of those paragraphs.

 

Source.  #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 403.02  Nature of Continuing Education.  Continuing education claimed for credit shall:

 

          (a)  Relate to activities that are undertaken by guardians ad litem in the state of New Hampshire;

 

          (b)  Except as may be allowed pursuant to Gal 403.03 (d) or (e) below, not simply involve independent reading or study by the person claiming the credit;

 

          (c)  Not merely introduce members of the general public to the activities of guardians ad litem;

 

          (d)  Not simply involve the experience of actual service as a guardian ad litem; and

 

          (e)  Accomplish one or more of the following objectives:

 

(1)  Update or enhance the professional knowledge, skill, or competence of the guardian ad litem; or

 

(2)  Provide the guardian ad litem with opportunities for professional growth and development specifically related to guardian ad litem practice.

 

Source.  #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 403.03  Specific Activities Qualifying for Continuing Education Credits.  The board shall accept the following activities in fulfillment of the continuing education requirement of these rules:

 

          (a)  Attending a training session described in Gal 303.02 (b) (1) or (c), in addition to the training sessions taken in fulfillment of the requirements for initial certification, which shall qualify for a number of credits equivalent to the actual number of hours, or portion of an hour, of attendance;

 

          (b)  Attending a review course on general or area specific guardian ad litem activity as specified in Gal 403.07, which shall qualify for a number of credits equivalent to the number of hours, or portion of an hour, of actual attendance;

 

          (c)  Attending a training session which has been approved by the board for continuing education credits under Gal 403.04, which shall qualify for a number of credits equivalent to the number of hours, or portion of an hour, of actual attendance;

 

          (d)  Attending a class or course of instruction, or engaging in an activity, approved for continuing legal education credit under New Hampshire supreme court rule 53 that the board concludes meets the requirements of Gal 403.02 (a), (c), (d) and (e), which shall qualify for a number of credits equivalent to the number of credit hours that would be allowed if submitted by an attorney for the purposes of continuing legal education;

 

          (e)  Serving as an instructor in a class or course of instruction approved for continuing legal education credit under New Hampshire supreme court rule 53 that the board concludes meets the requirements of Gal 403.02 (a), (c), (d) and (e), which shall qualify for a number of credits equivalent to the number of credit hours that would be allowed if submitted by an attorney for the purposes of continuing legal education;

 

          (f)  Completing, with a grade of B or better, a college or university class, or college or university course, that the board concludes meets the requirements of Gal 403.02 (a) through (e), which shall qualify for a number of credits equivalent to the number of hours, or portion of an hour, of actual attendance in the class or course;

 

          (g)  Serving as an instructor in a college or university class, or college or university course, that the board concludes meets the requirements of Gal 403.02 (a) through (e), which shall qualify for a number of credits that is equivalent to 2 times the number of hours, or portion of an hour, spent in actual classroom instruction; and

 

          (h)  Serving as a presiding officer or investigator in matters before the board, which shall qualify for 10 continuing education credits for each matter assigned.

 

Source.  #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 403.04  Training Approved as Qualifying for Continuing Education Credits.

 

          (a)  A person or entity wishing to provide training for certified guardians ad litem which would qualify for continuing education credit under 403.03 (c) shall submit to the board a petition for approval of the training to be offered.

 

          (b)  A petition under (a) above shall:

 

(1)  Be in writing;

 

(2)  Be submitted to the board at least 120 days before the anticipated date of the training that the applicant wishes to offer;

 

(3)  Request approval of specific training to be offered on a specific date, or on specific dates, that is or are not more than one and one half years in the future;

 

(4)  Contain the following information about the training:

 

a.  A detailed description of the activity and the subject areas to be covered, together with a description of written materials that will be utilized in the training;

 

b.  The date or dates on which the training will be conducted, together with alternative dates that may be utilized in the case of cancellation;

 

c.  The name and address of the organization, entity, individual, or individuals sponsoring the activity, together with:

 

1.  If an organization or entity, a description of the organization or entity and its purpose; and

 

2.  If an individual or individuals, a curriculum vitae of the person or persons;

 

d.  A description, in the form of a curriculum vitae, of the professional qualifications of the person or persons, if any, presenting the activity, or of any and all persons who may present the activity;

 

e.  A summary of the reasons that the activity is believed to qualify for continuing education credit under the standards set forth in Gal 403.02;

 

f.  The number of continuing education credits sought to be allowed for those who attend the full training, together with a description of the method by which that number was calculated; and

 

g.  The price, if any, that will be charged for the training;

 

(5)  Have attached thereto such additional supporting material as the petitioner believes will enable the board to reach a determination regarding whether the training meets the criteria set forth in Gal 403.02, such as a syllabus or course handouts; and

 

(6)  Contain the name, address, telephone number, position within the sponsoring organization, if any, and signature of the person submitting the petition.

 

          (c)  The board, through its personnel, representative, or staff, shall, within 60 days of the receipt of the material specified in paragraph (a) and (b) above, notify the petitioner if the petition is incomplete or if the board requires additional information or material for the purpose of assessing the petition.

 

          (d)  If, within 45 days of the issuance of a notification by the board under (c) above, the petitioner does not submit the information or material requested, the board shall deny the petition.

 

          (e)  Within 120 days of receiving the petition, actual payment of the required fee and all material and information, if any, requested under paragraph (c) above, the board shall either approve or deny the petition.

 

          (f)  The board shall approve a petition if:

 

(1)  The petition meets the requirements of (b) above;

 

(2)  The board concludes that the proposed training is of the nature described in Gal 403.02 above; and

 

(3)  The board concludes that the number of credits proposed is equivalent to the number of hours, or portion of an hour, that the activity will entail.

 

          (g)  Training approved under this section attended by a certified guardian ad litem shall be accepted by the board as qualifying for continuing education credit.

 

          (h)  Approval of training under this section shall not constitute a determination that similar activities conducted at a time, or by persons or entities, other than those specified in the petition will likewise be approved.

 

          (i)  Training approved under this section shall be valid for 2 years from the course date.

 

Source.  #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 403.05  Additional Activities Qualifying for Continuing Education Credits.

 

          (a)  The board shall accept activities in addition to those specified under Gal 403.03 above in fulfillment of the continuing education requirement if the board finds that the activities:

 

(1)  Have been submitted for approval under, and are in conformity with, Gal 403.06;

 

(2)  Were undertaken or will be, and actually are, undertaken by the person claiming the credit within the time periods specified in these rules; and

 

(3)  Are of the nature described in Gal 403.02 above.

 

          (b)  The board shall assign a number of credits equal to the number of hours, or portion of an hour, of actual engagement in an activity approved under Gal 403.06.

 

Source.  #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 403.06  Procedure for Obtaining Approval for Unlisted Activities.

 

          (a)  Activities other than those specified in Gal 403.03 above shall not be approved for continuing education credit unless the board concludes that such activity meets the criteria for continuing education credit under Gal 403.02.

 

          (b)  Requests for approval to claim activities other than those specified in Gal 403.03 for continuing education credit shall be:

 

(1)  In writing; and

 

(2)  Submitted by the person wishing to claim the credit.

 

          (c)  Requests under (b) above shall contain the following information about the activity:

 

(1)  A detailed description of the activity and the subject areas covered or to be covered;

 

(2)  The date or dates on which the activity was or will be conducted;

 

(3)  The name and address of the organization, entity, individual, or individuals sponsoring the activity, together with:

 

a.  If an organization or entity, a description of the organization or entity and its purpose; or

 

b.  If an individual or individuals, a curriculum vitae of the person or persons;

 

(4)  A description of the professional qualifications of the person or persons presenting the activity;

 

(5)  A summary of the reasons that the activity is believed to qualify for continuing education credit under the standards set forth in Gal 403.02;

 

(6)  The number of continuing education hours sought to be credited; and

 

(7)  A copy of the agenda, brochure, or list of presenters and their credentials.

 

          (d)  Approval by the board of an activity not listed in Gal 403.03 shall constitute approval for the person making the request to list the particular activity as qualifying for continuing education credit and shall not constitute either:

 

(1)  A determination that the person has in fact engaged in the activity, if the activity approved has not yet occurred;

 

(2)  Approval for persons other than the individual making the request to list the particular activity as one qualifying for continuing education; or

 

(3)  A determination that similar activities conducted at another time are or will likewise be approved.

 

Source.  #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 403.07  Content of Review Courses Used for Continuing Education Credit.

 

          (a)  A review course on general guardian ad litem activity shall:

 

(1)  Be a single course of study consisting of at least 5 hours of training commissioned by the board under RSA 490-C:4, II (a) or offered by the board;

 

(2)  Encompass instruction on primary issues and on recent developments, if any, in areas which are the subject of initial guardian ad litem training under Gal 303.02 (b) (1); and

 

(3)  Include training in at least the following areas:

 

a.  Statutory and case law developments, if any, relating to the role of guardians ad litem in New Hampshire or the types of cases to which guardians ad litem may be appointed;

 

b.  Developments, if any, in court rules, procedures, practices, and guidelines relating to guardians ad litem in New Hampshire or the types of cases to which guardians ad litem may be appointed;

 

c.  Developments, if any, in rules, procedures, and operations of the guardian ad litem board; and

 

d.  Professionalism in guardian ad litem practice, including the codes of ethics, standards of practice, and other ethical rules which may apply to individuals serving as guardians at litem in New Hampshire.

 

          (b)  A review course on area-specific guardian ad litem activity shall:

 

(1)  Be a single course of study consisting of at least 5 hours of training, commissioned by the board under RSA 490-C:4, II (a) or offered by the board;

 

(2)  Encompass instruction on primary issues and on recent developments, if any, in areas which are the subject of initial guardian ad litem training under Gal 303.02 (c); and

 

(3)  Include training in at least the area of professionalism in guardian ad litem practice, including the codes of ethics, standards of practice, and other ethical rules which may apply to individuals serving as guardians at litem in New Hampshire.

 

Source.  #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 403.08  Mentoring as Continuing Education.

 

          (a)  Certified Guardians ad litem may qualify for up to 8 hours annually of CEUs for time spent allowing a prospective guardian ad litem shadow them in the course of their court work.

 

          (b)  Applicants for recertification seeking to so qualify such shadowing shall, on a separate form provided by the board with the preprinted heading “Mentor Shadow Training”, provide the following information:

 

(1)  The dates and times of the mentor shadowing;

 

(2)  The court in which the mentor shadowing was completed;

 

(3)  The types of cases that were mentor shadowed;

 

(4)  The name and signature of the shadowing prosepective guardian ad litem;

 

(5)  The name, signature, and title of a court employee verifying your mentor shadowing; and

 

(6)  The applicant’s signature certifying that he or she has completed this aspect of the training.

 

Source.  #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 403.09  Retention of Continuing Education Records by Guardians ad Litem.  All certified and formerly certified guardians ad litem shall retain in their possession, for a period of 3 years after claiming a particular activity for continuing education credit, such documentation as will likely serve to verify:

 

          (a)  That the activity is of the nature described in Gal 403.02;

 

          (b)  The number of credits claimed; and

 

          (c)  The person’s actual attendance at or participation in the activity within the applicable time period set forth in these rules.

 

Source.  #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 404  ONGOING REQUIREMENTS

 

          Gal 404.01  Updating of Information and Provision of Information Upon Request of the Board.

 

          (a)  A guardian ad litem currently certified by the board shall notify the board within 30 days of any change in:

 

(1)  His or her name;

 

(2)  The address of his or her guardian ad litem business;

 

(3)  The mailing address of his or her guardian ad litem business;

 

(4)  His or her residence address;

 

(5)  Telephone number of his or her guardian ad litem business;

 

(6)  His or her home telephone number; or

 

(7)  E-mail address of his or her guardian ad litem business.

 

          (b)  The board shall request information updating, confirming or clarifying any document, writing, or representation previously submitted or made to it by a certified or formerly certified guardian ad litem when it concludes that:

 

(1)  It possesses information suggesting that a document, writing or representation submitted or made to it may be inaccurate, false, or misleading; or

 

(2)  A document, writing, or representation made to it cannot be accurately understood absent further information.

 

          (c)  In accordance with Gal 503.17 (c), a certified or formerly certified guardian ad litem subject to the rules of the board shall, upon request of the board under (b) above, provide information updating, confirming or clarifying any document, writing or representation previously submitted or made to the board.

 

Source.  #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 404.02  Resignation or Surrender of Certification.

 

          (a)  Requests to resign or surrender certification shall be effective only upon acceptance by the board.

 

          (b)  Other than as part of a settlement or agreement with the board, a certified guardian ad litem shall not surrender his or her certification, nor resign his or her certification when he or she:

 

(1)  Is subject to, or has reason to believe that he or she is likely to be subject to, a complaint of misconduct; or

 

(2)  Is subject to, or has reason to believe that he or she is likely to be subject to, sanctions or penalties imposed by the board.

 

          (c)  A request to resign or surrender certification shall:

 

(1)  Be in writing;

 

(2)  Be signed by the guardian ad litem;

 

(3)  State the reason or reasons for the resignation or surrender;

 

(4)  Except in the case of a resignation of surrender that is part of a settlement or agreement with the board, state that the person seeking to resign or surrender certification:

 

a.  Is not subject to, and has no reason to believe that he or she is likely to be subject to, a complaint of misconduct; and

 

b.  Is not subject to, and has no reason to believe that he or she is likely to be subject to, sanctions or penalties imposed by the board; and

 

(5)  State that the person seeking to resign or surrender certification understands that a formerly certified guardian ad litem may be subject to disciplinary procedures, penalties, and sanctions for engaging in acts or omissions prohibited when certified.

 

          (d)  The board shall accept a resignation or surrender of certification either:

 

(1)  When it is part of a settlement or agreement with the board; or

 

(2)  When:

 

a.  The request to resign or surrender certification meets the requirements of (c) above; and

 

b.  The board does not possess facts suggesting that the resignation or surrender is contrary to (b) above.

 

          (e)  A person who has previously resigned or surrendered his or her certification as a guardian ad litem may seek to again obtain reinstatement in accordance with Gal 401.04.

 

Source.  #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 404.03  Applicability of Qualification Provisions.

 

          (a)  To the extent that the provisions of Gal 300 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 of certification shall meet the qualifications for renewal or reinstatement that are in effect at the time of that application for renewal or reinstatement.

 

Source.  #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

STATUTE

 

Gal 401.01

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

RSA 490-C: 4, II (d), (e); RSA 490-C: 5, I (a), (c), (j);

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

 

Gal 401.02

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

RSA 490-C: 5-a, I; RSA 541-A: 31, V (a); RSA 541-A: 16, I (b)

Gal 401.03

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

RSA 541-A: 29

 

 

Gal 401.04

RSA 490-C: 1; RSA 490-C: 4, I (c); RSA 490-C: 5, I (a), (b), (c), (f);

RSA 490-C: 5-a, I; RSA 541-A: 16, I (b); RSA 541-A: 31, V (a)

 

Gal 401.05

RSA 490-C: 1; RSA 490-C: 4, I (c); RSA 490-C: 5, I (a), (b), (c), (f);

RSA 490-C: 5-a, I; RSA 541-A: 16, I (b); RSA 541-A: 31, V (a)

 

Gal 401.06

RSA 490-C: 1; RSA 490-C: 4, I (c), (f); RSA 490-C: 5, I (a), (b), (c), (d), (f) (j); RSA 490-C: 5-a, I; RSA 541-A: 16, I (b); RSA 541-A: 31, V (a)

 

Gal 401.07 – 401.08

RSA 490-C: 1; RSA 490-C: 4, I (c), (d), (e), (f); RSA 490-C: 4, II (e), (g); RSA 490-C: 5, I (a), (b), (c), (d), (e), (g), (j); RSA 490-C: 5, II (c);

RSA 490-C: 5-a, I; RSA 490-C: 5-b; RSA 490: 26-g; RSA 641: 3

 

Gal 401.09

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

RSA 490-C: 5-a; RSA 490-C: 5-b

 

Gal 401.10

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

 

Gal 401.10 (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)

 

Gal 401.11

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

 

Gal 401.12

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

RSA 490-C: 5, I (e); RSA 490-C: 5, II (a); RSA 490-C: 5-a, IV;

RSA 541-A: 16, I (b)

 

Gal 401.13

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

490-C: 5, I (a), (c), (d), (e), (g), (j); RSA 490-C:5-a

 

Gal 402.01

RSA 490-C: 1; RSA 490-C: 4, I (e), (f), (g); RSA 490-C: 4, II (j);

RSA 490-C: 5, I (g), (j); RSA 490-C: 5, II (g); RSA 490-C: 5-a, I, IV;

RSA 541-A: 16, I (b)

 

Gal 402.02

RSA 490-C: 1; RSA 490-C: 4, I (e), (f), (g); RSA 490-C: 4, II (j);

RSA 490-C: 5, I (g), (j); RSA 490-C: 5, II (g); RSA 490-C: 5-a, I, IV;

RSA 541-A: 7

 

Gal 402.03

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

RSA 490-C: 5-a, I, IV; RSA 541-A:38

 

Gal 402.04 – Gal 402.05

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

RSA 490-C: 5, I (d), (e), (g) (j); RSA 490-C: 5, II (g); RSA 541-A:38

 

Gal 402.06

RSA 490-C: 1; RSA 490-C: 4, I (c), (d), (f); RSA 490-C: 4, II (j);

RSA 490-C: 5, I (j); RSA 490-C: 5, II (g); RSA 490-C: 5-a, II;

RSA 541-A: 7; NH CONST. Part. I, Article 20

 

Gal 403.01

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

RSA 490-C: 5, I (a), (c), (e); RSA 490-C: 5, II (a), (c); RSA 490-C: 5-a, I, IV; RSA 541-A: 16, I (b); RSA 541-A: 38; RSA 541-A: 22, IV

 

Gal 403.02

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

RSA 490-C: 5-a, I; RSA 541-A: 7

 

Gal 403.03

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

RSA 490-C: 5, I (a), (c), (d), (e); RSA 490-C: 5-a, I; RSA 541-A:7

 

Gal 403.04

RSA 490-C: 1; RSA 541-A: 16, I (b); RSA 490-C: 4, I (d);

RSA 490-C: 4, II (a), (d); RSA 490-C: 5, I (d), (e); RSA 490-C: 5, II (b);

RSA 541-A: 7; RSA 490-C: 5-a, I

 

Gal 403.05 – Gal 403.06

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

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

 

Gal 403.07

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

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

 

Gal 403.08 – Gal 403.09

RSA 490-C: 1; RSA 541-A: 16, I (b); RSA 490-C: 4, I (d);

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

RSA 490-C: 5-a, I

 

Gal 404.01

RSA 490-C: 1; RSA 541-A: 16, I (b); RSA 490-C: 4, I (e);

RSA 490-C: 4, II (e); RSA 490-C: 5, I (b); RSA 490-C: 5, II (c);

RSA 490-C: 5-a

 

Gal 404.02

RSA 490-C: 1; RSA 541-A: 16, I (b); RSA 490-C: 4, I, (e), (f);

RSA 490-C: 4, II (e), (i); RSA 490-C: 5, I (g), (j);

RSA 490-C: 5, II (c), (e), (f); RSA 490-C: 5-a; RSA 541-A: 38

 

Gal 404.03

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