NH enacts right to counsel for certain 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 provides:

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.

N.H. Stat. § 169-C:10(II)(b).

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).