Discretionary appointment of counsel

Key_development Question_mark

Legislation, Abuse/Neglect/Dependency - Children

New Hampshire provides the court with the power to appoint counsel for a child in certain cases involving neglect or abuse. First, the court is required to first appoint a Court Appointed Special Advocate (CASA) or other approved program guardian ad litem for the child. N.H. Rev. Stat. Ann. § 169-C:10(I). The court may then appoint an attorney for a child if "a CASA or other approved program guardian ad litem is unavailable for appointment."  The court may also appoint an attorney to represent the interests of a child "where the child's expressed interests conflict with the recommendation for dispositional orders of the guardian ad litem . . . ." N.H. Stat. § 169-C:10(II)(a) (citation omitted). If the court appoints an attorney as counsel for a child, the attorney's scope of representation "may include counsel and investigative, expert and other services, including process to compel the attendance of witnesses, as may be necessary to protect the rights of the child." N.H. Stat. § 169-C:10(II)(b).

Appointment of Counsel: discretionary Qualified: yes