07/26/2024
,
New Hampshire
,
Legislation
, Abuse/Neglect/Dependency - Children
Generally
Children in certain institutions have the right to counsel. For all other children, appointment is discretionary.
Mandatory appointment for certain institutionalized children
In 2024, New Hampshire enacted SB 463, which amends N.H. Stat. § 169-C:10(II) to provide:
(b) In cases under this chapter, subject to the phase-in schedule established in subparagraph II(e), the court shall appoint an attorney to represent the expressed interests of a child who is placed in any group home or child care institution as defined in RSA 170-E:25 or certified by the department for the care of children placed pursuant to RSA 169-C, or in any state operated residential treatment program. Except in the case of an emergency, if the department determines that the child’s needs indicate such placement should be considered, the department shall notify the court within 2 business days of such determination, and the court shall appoint counsel to represent the expressed interests of the child.
(e) (1) The following phase-in schedule shall apply for the appointment of counsel for children already placed in any group home, childcare institution, or state-operated residential treatment program as of July 1, 2025. Children who are placed in any group home, childcare institution, or state-operated residential treatment program that is located outside of New England as of July 1, 2025 shall be entitled to counsel no later than July 31, 2025. Children who are placed in any group home, childcare institution, or state-operated residential treatment program located within New England as of July 1, 2025 shall be entitled to counsel no later than the following dates:
(A) For children 16 and 17 years of age, July 31, 2025.
(B) For children 14 and 15 years of age, October 31, 2025.
(C) For children 12 and 13 years of age, January 31, 2026.
(D) For children 10 and 11 years of age, April 30, 2026
(E) For children 9 years of age or younger, July 31, 2026.
(2) Notwithstanding this subparagraph, in any action in which, despite diligent efforts to secure counsel, an attorney is not available for appointment, litigation may proceed until an attorney becomes available. In such cases, the court shall, where possible, prioritize consideration of legal issues that do not affect the child’s expressed interests until an attorney becomes available.
Discretionary appointment for other children
Previously, N.H. Stat. § 169-C:10(II)(a) allowed for the discretionary appointment of counsel for children if a conflict was present — i.e., if the child’s expressed interests were to conflict with the guardian ad litem’s recommendation regarding the child’s best interests, the court was permitted to appoint counsel. However, this provision was amended in 2024, through SB 463, such that the conflict requirement has been removed. Accordingly, the court may now appoint an attorney to represent the child’s expressed interests regardless of the presence of a conflict.
The court is also permitted to appoint an attorney for the child if a Court Appointed Special Advocate (CASA) or other approved program guardian ad litem is unavailable. N.H. Rev. Stat. Ann. § 169-C:10(I).
Appointment of Counsel: Yes
Qualified:
Yes
?
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
