New Hampshire House Bill HB535

New Hampshire 2024 Regular Session

• Introduced: 1/11/23
• Refer: 1/11/23
• Report Pass: 11/6/23
• Engrossed: 2/26/24
• Refer: 2/26/24
• Refer: 4/25/24

Caption

Relative to appointment of counsel for a child who is the subject of a proceeding in a child protection case.

Impact

If passed, this legislation would significantly impact existing statutes under the Child Protection Act (RSA 169-C). It introduces a clearer mandate for the appointment of legal counsel, which includes the right for counsel to access children's personal records pertinent to their representation. This appointment process increases the likelihood that a child's expressed interests will be adequately represented in court, which could lead to better outcomes in cases of neglect or abuse.

Summary

House Bill 535-FN seeks to enhance legal representation for children in child protection proceedings in New Hampshire. The bill stipulates that a court may appoint counsel for a child if the child's interests conflict with those recommended by a guardian ad litem at any point in the proceedings. Specifically, it requires that counsel is appointed for children placed in group homes or child care institutions, thereby aiming to ensure that children's voices are heard and represented in legal matters concerning their welfare.

Contention

During discussions surrounding the bill, there were concerns about the fiscal implications of appointing legal counsel for children. While the Judicial Council acknowledged the need for this legal representation, it also pointed out that the bill does not mandate state-funded attorneys in every case. This raises concerns about how these legal services would be financed, as well as the potential impact on the judicial system's workload and resulting expenditures. Additionally, the bill is set to take effect on January 1, 2025, allowing time for the state to prepare for its implementation.