Gal 101.01  Purpose.  These rules implement the statutory responsibilities of the guardian ad litem board pursuant to RSA 490-C.


Source.  #8939, eff 9-15-07




          Gal 102.01  “Board” means the guardian ad litem board established by RSA 490-C: 1.


Source.  #8939, eff 9-15-07


          Gal 102.02  “Court Appointed Special Advocates of New Hampshire (CASA)” means the organization of that name noted in RSA 490-C: 6.


Source.  #8939, eff 9-15-07


          Gal 102.03  “Child” means a person under the age of 18 years.


Source.  #8939, eff 9-15-07


          Gal 102.04  “Recipient of services” means a child or other person whose interests a guardian ad litem is appointed to represent.


Source.  #8939, eff 9-15-07




          Gal 103.01  Composition of the Board.  The board shall consist of 9 members appointed as specified in RSA 490-C:2, who shall serve terms as specified in RSA 490-C:3.


Source.  #8939, eff 9-15-07


          Gal 103.02  Quorum.  Pursuant to RSA 490-C: 3, IV:


          (a)  A simple majority of the board members currently serving shall constitute a quorum; and


          (b)  Whenever a quorum of the board is unable to address a particular matter or hear a particular case requiring action by the board, the members of the board who are able to act may appoint one or more former members as alternates to address the matter or hear the case, starting with the most recent members to leave the board and proceeding in reverse chronological order of former members.


Source.  #8939, eff 9-15-07


          Gal 103.03  Officers.  Pursuant to RSA 490-C: 3, II, the board shall elect a chairperson and a secretary from among its members.


Source.  #8939, eff 9-15-07


          Gal 103.04  Responsibilities of the Board.  The board’s responsibilities shall include:


          (a)  Compiling and maintaining a list of those guardians ad litem who are certified and in good standing and making such list, as well as such additional information relative to guardians ad litem, whether or not presently certified and in good standing, and the activities and functions of the board available to the general public as specified in RSA 490-C:4, I (a);


          (b)  In accordance with RSA 490-C:4, I (b), investigating the current cost and fee structure established under New Hampshire supreme court rules 48 and 48-A, and making recommendations to the legislature and the supreme court for appropriate action as necessary;


          (c)  Establishing requirements, criteria and fees for the certification, reinstatement, and renewal of certification of guardians ad litem;


          (d)  Establishing educational requirements and continuing educational requirements for guardians ad litem;


          (e)  Adopting ethical standards and standards of practice for board certified guardians ad litem, which standards may be applied to presently certified guardians ad litem and to formerly certified guardians ad litem alleged to have engaged in acts or omissions prohibited when certified;


          (f)  Establishing disciplinary procedures, penalties and sanctions in accordance with RSA 490-C:4, I (f);


          (g)  Investigating and resolving complaints against guardians ad litem in accordance with RSA 490-C:4, I (g); and


          (h)  Engaging in such other functions allowed under RSA 490-C:4, II as may be necessary for the effective performance of its duties.


Source.  #8939, eff 9-15-07; amd by #12009, eff 10-21-16


          Gal 103.05  Board Meetings and Notice.


          (a)  Pursuant to RSA 490-C:3, III the board shall meet monthly or at such other times as determined by the board or its chairperson.


(b)  The time and place of the meetings shall be noticed to the public in accordance with RSA 91-A:2, II.


          (c)  Pursuant to RSA 91-A:2, II members of the public may attend board meetings, except for those meetings, or parts of meetings, which are nonpublic sessions as described by RSA 91-A:3 or which involve matters that are, pursuant to RSA 490-C, orders issued pursuant thereto, orders of a court, or other law, confidential in nature and not subject to public disclosure.


          (d)  Information about the time and place of board meetings shall be available by telephone at the number stated in Gal 104.01 (b) and by TTY/TDD through the number stated in Gal 104.01 (c).


Source.  #8939, eff 9-15-07


          Gal 103.06  Ineligibility of Board Members to Participate.


          (a)  A board member shall not be eligible to vote on, or participate in, matters pertaining to:


(1)  His or her own application for certification, application for renewal or application for reinstatement;


(2)  Any other matter regarding his or her certification; or


(3)  Subject to the further provisions of paragraphs (b) through (f) below, any matter coming before the board in which the member has a present or prior personal, professional, or financial interest including, but not limited to, any matter involving the board member or the board member’s spouse, parent, child, business partner or business investments.


          (b)  A board member shall promptly disclose to the board any situation in which the interests described in paragraph (a) may be implicated.


          (c)  A board member shall recuse himself or herself from participating in board deliberations or actions under the circumstances described in paragraphs (1), (2) or (3) above.


          (d)  When a board member has disclosed a circumstance described in subparagraph (a) (3) above and has not concluded that he or she must recuse him or herself from board deliberations or actions pertaining to that matter, the question of whether or not the member shall recuse him or herself shall be decided by a majority vote of the members of the board, other than the member who made the disclosure.


          (e)  In the circumstances described in (d) above, the board member shall recuse him or herself if a majority of the voting members of the board conclude that:


(1)  The member making the disclosure, or the board member's spouse, parent, child or current business partner has a present or prior personal, professional, business or legal relationship with any party, intervenor, witness or counsel that may adversely impact upon the board member’s ability to fairly, impartially, and fully perform his or her functions; or


(2)  The member making the disclosure has made statements or engaged in behavior which objectively demonstrates to the voting members of the board that he or she has actually prejudged the matter at issue.


          (f)  Paragraphs (a) through (e) above shall not prohibit a board member from recusing him or herself from any matter in which he or she personally believes that his or her ability to act fairly may reasonably be questioned.


Source.  #8939, eff 9-15-07


          Gal 103.07  Minutes of Board Meetings.


          (a)  Minutes shall be kept of board meetings and of official actions taken by the board.


          (b)  Such minutes shall:


(1)  Record the members participating in each vote; and


(2)  Separately record the position of members who dissent, abstain or concur.


Source.  #8939, eff 9-15-07


          Gal 103.08  Public Access to Minutes.


          (a)  Minutes of board actions which are not exempt from disclosure under RSA 91-A:3, II or RSA 91-A:5, which do not contain confidential information under RSA 490-C or other law, and which are not subject to nondisclosure by an order of the court or an order issued pursuant to RSA 490-C, shall be public records.


          (b)  Subject to (a) above, the minutes shall be available for inspection during the board’s ordinary office hours within 5 days from the close of the meeting or vote in question unless the 72 hour availability requirement of RSA 91-A:3, III is applicable.


Source.  #8939, eff 9-15-07; amd by #12009, eff 10-21-16


          Gal 103.09  Committees.


          (a)  A committee shall consist of one or more board members who have been directed by the board to investigate and make recommendations on matters which could be handled by the full board.


          (b)  When expressly authorized by the board, the authority of a committee shall include the ability to retain voluntary assistance from qualified non-board members.


          (c)  Committees shall have minutes in accordance to Gal 103.07 and Gal 103.08


Source.  #12009, eff 10-21-16




          Gal 104.01  Office Location and Mailing Address, Telephone Number and Number for TTY/TDD Users and Website.


          (a)  The board’s office location and mailing address is:


Guardian ad Litem Board

New Hampshire Office of Professional Licensure and Certification

121 South Fruit Street

Concord, NH 03301


          (b)  The board’s telephone number is (603) 271-2219.


          (c)  Access for in-state TTY/TDD users is through Relay New Hampshire by dialing 711 or dialing 1-800-735-2964.


          (d)  The board’s web site can be found at


Source.  #8939, eff 9-15-07, paras (a) & (b) EXPIRED: 7-1-16 pursuant to RSA 541-A:17, II and 2015, 276:45 and 276:62; amd by #12009, eff 10-21-16


          Gal 104.02  Communications with the Board.  Persons wishing to make submissions to, seeking information from, or wishing to make requests of, the board may mail a letter to the address stated in Gal 104.01 (a), call the number stated in Gal 104.01 (b) or communicate by TTY/TDD using the number stated in Gal 104.01 (c).


Source.  #8939, eff 9-15-07


          Gal 104.03  Public Access to Records.


          (a)  Pursuant to RSA 91-A: 4, members of the public may inspect and copy those records of the board, including meeting minutes, which are public records and not confidential or exempt, precluded or prohibited from disclosure under RSA 91-A: 5, RSA 490-C: 5-b, other applicable law, or orders issued pursuant thereto.


          (b)  Public records shall be inspected and copied at the office of the board at the location stated in Gal 104.01 (a) during regular business hours.


          (c)  Persons desiring copies of public records shall reasonably describe the information being sought and pay the actual costs of the copies.


          (d)  If records are requested which contain both public information and information that is confidential or exempt, precluded or prohibited from disclosure pursuant to RSA 91-A, RSA 490-C: 5-b, other law, or orders issued pursuant thereto, the board shall delete the information that is confidential or exempt, precluded or prohibited from disclosure and provide the remaining information.


Source.  #8939, eff 9-15-07





Specific State Statute the Rule Implements



Gal 101.01

RSA 490-C; RSA 541-A: 16, I



Gal 102.01 – Gal 102.04

RSA 541-A: 7



Ga1 103.01

RSA 490-C: 2, 3

Ga1 103.02

RSA 490-C: 3, IV

Ga1 103.03

RSA 490-C: 3, II

Ga1 103.04

RSA 490-C: 4, I, II

Ga1 103.05

RSA 490-C: 3, III; RSA 91-A: 2, II; RSA 91-A: 3; RSA 490-C: 5-b

Ga1 103.06

RSA 490-C: 3, IV; RSA 541-A: 16, I (a)

Ga1 103.07

RSA 541-A: 16, I (a)

Ga1 103.08

RSA 490-C: 5-b; RSA 91-A: 2, II; RSA 91-A: 3, II, III; RSA 91-A: 5

Gal 103.09

RSA 541-A:16, I (b)



Ga1 104.01 – Gal 104.02

RSA 541-A: 16, I (a)

Ga1 104.03

RSA 490-C: 5-b; RSA 91-A: 3, 4, 5