N.H. Code Admin. R. Ann. Gal — Guardian ad Litem Board (See RSA 490-C:5 pursuant to 2002, 206:1, effective 5-16-02.)

Chapter Gal 100 Organizational Rules

Part Gal 101 Purpose

N.H. Code Admin. R. Ann. Gal 101.01 Purpose {#sec-gal-101.01 omnilex-key=us-nh-regs-official--agency-gal--Gal 101.01}

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

History

#8939, eff 9-15-07; ss by #14542, eff 4-3-26

Part Gal 102 Definitions

N.H. Code Admin. R. Ann. Gal 102.01 Board {#sec-gal-102.01 omnilex-key=us-nh-regs-official--agency-gal--Gal 102.01}

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

History

#8939, eff 9-15-07; ss by #14542, eff 4-3-26

N.H. Code Admin. R. Ann. Gal 102.02 Court Appointed Special Advocates of New Hampshire (CASA) {#sec-gal-102.02 omnilex-key=us-nh-regs-official--agency-gal--Gal 102.02}

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

History

#8939, eff 9-15-07; ss by #14542, eff 4-3-26

N.H. Code Admin. R. Ann. Gal 102.03 Child {#sec-gal-102.03 omnilex-key=us-nh-regs-official--agency-gal--Gal 102.03}

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

History

#8939, eff 9-15-07; ss by #14542, eff 4-3-26

N.H. Code Admin. R. Ann. Gal 102.04 Recipient of services {#sec-gal-102.04 omnilex-key=us-nh-regs-official--agency-gal--Gal 102.04}

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

History

#8939, eff 9-15-07; ss by #14542, eff 4-3-26

Part Gal 103 Description of the Board and the Board Members

N.H. Code Admin. R. Ann. Gal 103.01 Composition of the Board {#sec-gal-103.01 omnilex-key=us-nh-regs-official--agency-gal--Gal 103.01}

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

History

#8939, eff 9-15-07; ss by #14542, eff 4-3-26

N.H. Code Admin. R. Ann. Gal 103.02 Quorum {#sec-gal-103.02 omnilex-key=us-nh-regs-official--agency-gal--Gal 103.02}

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.

History

#8939, eff 9-15-07; ss by #14542, eff 4-3-26

N.H. Code Admin. R. Ann. Gal 103.03 Officers {#sec-gal-103.03 omnilex-key=us-nh-regs-official--agency-gal--Gal 103.03}

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

History

#8939, eff 9-15-07; ss by #14542, eff 4-3-26

N.H. Code Admin. R. Ann. Gal 103.04 Responsibilities of the Board {#sec-gal-103.04 omnilex-key=us-nh-regs-official--agency-gal--Gal 103.04}

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 and criteria 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) Referring matters to the appropriate court for investigation, resolution, or other action in accordance with RSA 490-C:4, I(g); and

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

History

#8939, eff 9-15-07; amd by #12009, eff 10-21-16; ss by #14542, eff 4-3-26

N.H. Code Admin. R. Ann. Gal 103.05 Board Meetings and Notice {#sec-gal-103.05 omnilex-key=us-nh-regs-official--agency-gal--Gal 103.05}

(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).

History

#8939, eff 9-15-07; ss by #14542, eff 4-3-26

N.H. Code Admin. R. Ann. Gal 103.06 Ineligibility of Board Members to Participate {#sec-gal-103.06 omnilex-key=us-nh-regs-official--agency-gal--Gal 103.06}

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

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

(2) Any other matter regarding their 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) might be implicated.

(c) A board member shall recuse themselves from participating in board deliberations or actions under the circumstances described in paragraphs (a)(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 they must recuse themselves from board deliberations or actions pertaining to that matter, the question of whether or not the member shall recuse themselves shall be decided by a majority vote of the members of the board, excluding the member who made the disclosure.

(e) In the circumstances described in (d), above, the board member shall recuse themselves 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 might adversely impact upon the board member’s ability to fairly, impartially, and fully perform their 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 they have actually prejudged the matter at issue.

(f) Paragraphs (a) through (e) above shall not prohibit a board member from recusing themselves from any matter in which they personally believe that their ability to act fairly might reasonably be questioned.

History

#8939, eff 9-15-07; ss by #14542, eff 4-3-26

N.H. Code Admin. R. Ann. Gal 103.07 Minutes of Board Meetings {#sec-gal-103.07 omnilex-key=us-nh-regs-official--agency-gal--Gal 103.07}

(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.

History

#8939, eff 9-15-07; ss by #14542, eff 4-3-26

N.H. Code Admin. R. Ann. Gal 103.08 Public Access to Minutes {#sec-gal-103.08 omnilex-key=us-nh-regs-official--agency-gal--Gal 103.08}

(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.

History

#8939, eff 9-15-07; amd by #12009, eff 10-21-16; ss by #14542, eff 4-3-26

Part Gal 104 Public Requests for Information

N.H. Code Admin. R. Ann. Gal 104.01 Office Location and Mailing Address, Telephone Number and Number for TTY/TDD Users and Website {#sec-gal-104.01 omnilex-key=us-nh-regs-official--agency-gal--Gal 104.01}

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

Guardian ad Litem Board

c/o New Hampshire Office of Professional Licensure and Certification (OPLC)

7 Eagle Square

Concord, NH 03301

(b) The board’s telephone number is (603) 271-2152.

(d) The board’s website can be found at https://www.oplc.nh.gov/guardian-ad-litem-board.

History

#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; ss by #14542, eff 4-3-26

N.H. Code Admin. R. Ann. Gal 104.02 Communications with the Board {#sec-gal-104.02 omnilex-key=us-nh-regs-official--agency-gal--Gal 104.02}

Persons wishing to correspond with the board shall use the contact information required by Gal 104.01 above.

History

#8939, eff 9-15-07; ss by #14542, eff 4-3-26

N.H. Code Admin. R. Ann. Gal 104.03 Public Access to Records {#sec-gal-104.03 omnilex-key=us-nh-regs-official--agency-gal--Gal 104.03}

(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) Requests for information and access to records shall be submitted as required by Plc 104.

(c) Persons desiring copies of public records shall reasonably describe the information being sought and pay the applicable fee required by Plc 1001.05.

APPENDIX

Rule

Specific State Statute the Rule Implements

Gal 101.01

RSA 541-A:16, I(a)

Gal 102.01 – Gal 102.04

RSA 541-A:16, I(a)

Ga1 103.01

RSA 490-C:2; RSA 490-C:3

Ga1 103.02

RSA 490-C:3; IV

Ga1 103.03

RSA 490-C:3; II

Gal 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

Ga1 104.01 – Gal 104.02

RSA 541-A:16, I(a)

Ga1 104.03

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

History

#8939, eff 9-15-07; ss by #14542, eff 4-3-26

Chapter Gal 200 Procedural Rules

Part Gal 201 Practice and Procedures

N.H. Code Admin. R. Ann. Gal 201.01 Rules of Practice and Procedure {#sec-gal-201.01 omnilex-key=us-nh-regs-official--agency-gal--Gal 201.01}

The Plc 200 rules shall govern with regards to all procedures for:

(a) The receipt and investigation of misconduct complaints;

(b) The conduct of adjudicative and non-adjudicative proceedings;

(d) Public comment hearings;

(e) Declaratory rulings;

(f) Explanation of adopted rules;

(g) Voluntary surrender of licenses; and

(h) Waivers.

APPENDIX

RULE

STATUTE

Gal 201

RSA 541-A:16, I(b)-(d)

History

#14542, eff 4-3-26

Chapter Gal 300 Certification Requirements

Part Gal 301 Definitions

N.H. Code Admin. R. Ann. Gal 301.01 Accredited college or university {#sec-gal-301.01 omnilex-key=us-nh-regs-official--agency-gal--Gal 301.01}

“Accredited college or university” means:

(a) An institution that was, at the time a degree was conferred, accredited by an entity recognized by the United States Department of Education as a reliable authority on the quality of education or training in accordance with 20 USC 1099b; or

(b) An institution that was, at the time a degree was conferred, accredited by an entity recognized by the organization known as the Council for Higher Education Accreditation.

History

#8101, eff 1-1-05; ss by #8942, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 301.02 Address of the applicant’s guardian ad litem business {#sec-gal-301.02 omnilex-key=us-nh-regs-official--agency-gal--Gal 301.02}

“Address of the applicant’s guardian ad litem business” means the address which the guardian ad litem uses in connection with his or her work as a guardian ad litem.

History

#8101, eff 1-1-05; ss by #8942, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 301.03 Central registry of founded abuse and neglect reports {#sec-gal-301.03 omnilex-key=us-nh-regs-official--agency-gal--Gal 301.03}

“Central registry of founded abuse and neglect reports” means the central registry established under RSA 169-C:35.

History

#8101, eff 1-1-05; ss by #8942, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 301.04 Certifying board {#sec-gal-301.04 omnilex-key=us-nh-regs-official--agency-gal--Gal 301.04}

“Certifying board” means any public board, committee, commission, agency, or other public body that certifies, registers or licenses guardians ad litem, other than an appointing court.

History

#8101, eff 1-1-05; ss by #8942, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 301.05 Community activity {#sec-gal-301.05 omnilex-key=us-nh-regs-official--agency-gal--Gal 301.05}

“Community activity” means participation in organized group activity for the benefit of the public or a segment of the public.

History

#8101, eff 1-1-05; ss by #8942, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 301.06 Permanency hearing {#sec-gal-301.06 omnilex-key=us-nh-regs-official--agency-gal--Gal 301.06}

“Permanency hearing” means a judicial hearing that takes place after a child has been placed out of his or her regular home for an extended period of time, the purpose of which is to determine the child’s permanent living arrangement.

History

#8101, eff 1-1-05; ss by #8942, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

“Related educational experience” means experience in teaching a course, attending and completing a course, participating as a panelist or speaker in a symposium, attending a symposium, [or] authoring books or articles in a professional journal relating to guardians ad litem or their duties, or attending or instructing classes, symposia, seminars, or training sessions relating to child development or family dynamics.

History

#8101, eff 1-1-05; ss by #8942, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRES: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 301.08 Shadow training {#sec-gal-301.08 omnilex-key=us-nh-regs-official--agency-gal--Gal 301.08}

“Shadow training” or “shadowing” means observing a certified guardian ad litem in court proceedings and interviews, and observing the preparation of court documents prepared by a certified guardian ad litem, consistent with statutory requirements.

History

#8101, eff 1-1-05; ss by #8942, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 301.09 Telephone number of the applicant’s guardian ad litem business {#sec-gal-301.09 omnilex-key=us-nh-regs-official--agency-gal--Gal 301.09}

“Telephone number of the applicant’s guardian ad litem business” means the telephone number which the guardian ad litem uses in connection with his or her work as a guardian ad litem.

History

#12010, eff 10-21-16 (from Gal 301.08)

Part Gal 302 Application Procedure

N.H. Code Admin. R. Ann. Gal 302.01 Application Process {#sec-gal-302.01 omnilex-key=us-nh-regs-official--agency-gal--Gal 302.01}

(a) Application forms shall:

(1) Be completed using a keyboard or legibly in ink;

(2) Be signed by the applicant; and

(3) Have all sections completed or designated as not applicable to the applicant.

(b) The board shall not consider a request to certify an individual as a guardian ad litem until such a time as the following have been received by the board:

(1) An original, complete application form specified in Gal 302.02, together with 3 copies of that form;

(2) All additional supporting materials specified by Gal 302.03;

(3) The certification fee required by Gal 304.01, provided that all returned checks shall be subject to the fees described in Gal 304.01(e); and

(4) Return from the department of safety of the results of the criminal record check authorized by submission of the material specified in Gal 302.03 (b).

(c) In accordance with RSA 541-A:29, I, the board, through its personnel, representative, or staff, shall, within 60 days of the receipt of the applicant’s submission under paragraph (b) above notify the applicant, in a writing bearing the date issued, if the application is incomplete or if the board requires additional information or material for the purpose of determining the applicant’s qualifications for certification.

(d) The notification, if any, provided under paragraph (c) above shall specify in writing the information or material that the applicant is required to submit.

(e) If, within 45 days of the issuance of a notification under (c) and (d) above, the applicant does not submit the information or material requested, the board shall deny the application.

(f) Within 120 days of receiving a fully completed application form, a fully completed supplemental application form, actual payment of the certification fee specified in Gal 304.01, all other items listed in paragraph (b) above and all material and information, if any, requested under paragraphs (c) and (d) above, the board shall either:

(1) Approve the application if the applicant meets the qualifications for certification set forth at Gal 303; or

(2) Deny the application.

(g) If the application is denied, the applicant shall be provided an opportunity for a hearing to challenge the denial.

(h) A request for a hearing following a denial under paragraphs (e) or (f) above shall be submitted to the board within 30 days of the date of the board’s notification of denial.

(i) Certification issued pursuant to this section shall be valid for a period of 3 years unless earlier terminated by the board.

History

#8101, eff 1-1-05; ss by #8942, eff 9-15-07; amd by #9523, eff 10-1-09; EXPIRED: 9-15-15 except for paras. (a)(1), (b)(1), and (b)(2); ss by #11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 302.02 Application Form {#sec-gal-302.02 omnilex-key=us-nh-regs-official--agency-gal--Gal 302.02}

On a form provided by the board the applicant shall supply the following:

(a) Under the preprinted heading “Personal Data”:

(1) The applicant’s full name;

(2) The applicant’s maiden name, if any;

(3) Any other name by which the applicant has at any time been known, including the dates that the foregoing names were used;

(4) The applicant’s month, day, and year of birth

(5) The address of the applicant’s guardian ad litem business;

(6) The mailing address of the applicant’s guardian ad litem business, if different from the business address noted in subparagraph (a) (5) above;

(7) The email address of the applicant’s guardian ad litem business;

(8) The telephone number of the applicant’s guardian ad litem business;

(9) The street address of the applicant’s residence;

(10) The applicant’s home telephone number;

(11) Any other telephone number used by the applicant not listed elsewhere on the application or supplemental application form;

(12) Whether or not the applicant speaks any languages other than English, including any form of sign language, and, if so, the names of the languages;

(13) Whether or not the applicant possesses a valid driver’s license;

(14) Whether or not the applicant has access to reliable transportation; and

(15) A list of the counties or courts, including family divisions, in which the applicant would be willing to serve as a guardian ad litem;

(b) Under the preprinted heading “Employment History”:

(1) The name of the applicant’s present employer, if any, including self-employment;

(2) If the applicant is not presently employed, whether he or she is:

a. Retired, and, if so, from what occupation; or

b. A full-time student;

(3) If the applicant is presently employed:

a. The address and telephone number of the applicant’s present employer;

b. The date on which the applicant began employment with his or her current employer;

c. The applicant’s job title;

d. Whether the employment is part-time or full time;

e. Whether or not the applicant can be contacted by the board at his or her place of employment; and

f. Whether or not the board may contact the applicant’s employer regarding this application;

(4) The names and addresses of each of the applicant’s past employers, either part-time or full time, for the past 7 years, as well as:

a. The dates of employment with each of the employers;

b. The applicant’s job title with each of the employers;

c. Whether the employment was full time or part time; and

d. For each employment, whether or not the board may contact the employer regarding this application; and

(5) The applicant’s reason for leaving each employment;

(1) The name and address of all accredited undergraduate and graduate colleges or universities attended by the applicant, together with the dates of attendance;

(2) The date of graduation, if any, from any accredited undergraduate and graduate college or university, together with the type of degree received, major courses of study, and minor courses of study;

(3) If the applicant possesses a bachelor’s degree from an accredited college or university, whether the applicant possesses at least 600 hours of experience in professional or volunteer activities dealing with children or incapacitated adults;

(4) If the applicant possesses an associate’s degree from an accredited college or university, whether the applicant possess at least 1,000 hours of experience in professional or volunteer activities dealing with children or incapacitated adults;

(5) If the applicant possesses an advanced degree beyond a bachelor’s degree from an accredited college or university for which a bachelor’s degree is a prerequisite, whether the applicant possesses at least 200 hours of experience in professional or volunteer activities dealing with children or incapacitated adults; and

(6) Attached to the application, a completed “Log of Professional or Volunteer Experience” form, effective 06/15/16;

(d) Under the preprinted heading “Guardian ad Litem Training”:

(1) The names and dates of each course that the applicant has taken in fulfillment of the training requirements set forth in Gal 303.02 (a) (1-3); and

(2) If the applicant has engaged in any shadow training to fulfill part of his or her training requirements, on a separate piece of paper the following information:

a. The dates and times of shadowing;

b. The court at which the shadowing was completed;

c. The types of cases that were shadowed;

d. A description of the activity which meets the definition of shadowing or shadow training in Gal 301.08;

e. The name and signature of the mentoring certified guardian ad litem;

f. The name, signature, and title of a court employee verifying [your] the applicant’s shadowing; and

g. The applicant’s signature certifying that you completed this aspect of the training;

(e) Under the preprinted heading “Other Experience”:

(1) Whether or not the applicant has ever been appointed as a guardian ad litem in this or any other jurisdiction;

(2) If the response to subparagraph (e) (1) above is yes:

a. The name of the state in which the applicant was appointed; and

b. The name of the court or other entity that made the appointment;

(3) If the applicant is not an attorney, the number of family law cases in which the applicant has been involved in the capacity of a witness, representative, or decision-maker, together with a description of the applicant’s role in each such case;

(4) If the applicant is an attorney, the number of years that the applicant has practiced in the area of family law; and

(5) A list of any related educational experiences engaged in by the applicant, including the dates of such experience;

(f) Under the preprinted heading “Professional Record and Ethics”:

(1) Whether or not the applicant has ever been licensed, registered or certified by any certifying board;

(2) If the answer to (f) (1) above is yes:

a. The name of the certifying board;

b. The address of the certifying board; and

c. The dates of registration, certification, or licensure;

(3) Whether or not the applicant currently holds any professional licenses, certifications, or registrations of any type, other than those noted in (f) (1) above, and other than bar memberships;

(4) If the answer to subparagraph (f) (3) above is yes:

a. The name and address of each organization, association, agency or other entity that issued such license, registration or certification;

b. The date that the applicant was first licensed, registered, or certified; and

c. The date, if any, when such license, registration, or certification will expire;

(5) Whether or not the applicant is a member, licensee, registrant, or certified party in good standing of each organization, association, agency, or other entity noted in (f) (4) above;

(6) Whether or not the applicant is a member of the bar of any state and, if so:

a. The name of each state in which the applicant is admitted to practice; and

b. The date of the applicant’s admission;

(7) A list of any additional professional affiliations held by the applicant and any additional professional associations of any type of which the applicant is a member;

(8) Whether the applicant has ever been disbarred, or has ever been suspended from the practice of any profession, reprimanded, censured, had his or her certification, registration, or licensure in a profession revoked, or otherwise been disciplined, sanctioned or disqualified from professional practice of any type by any professional organization or other entity supervising or overseeing a profession in this or any other jurisdiction;

(9) If the answer to subparagraph (f) (8) above is yes, on a separate piece of paper provide the following information:

a. The name, address, and telephone number of the organization or entity taking such action against the applicant;

b. The type of action taken;

c. The date of the action;

d. A description of the facts giving rise to the action;

e. A description of the reason for such action, including whether it was claimed applicant engaged in misconduct in performance of his or her GAL duties or that applicant was not of good character; and

f. The procedural history of the matter, including whether or not the action was reversed or overturned on appeal;

(10) Whether the applicant has ever had an appointment as a guardian ad litem in this or any other jurisdiction suspended or revoked;

(11) If the answer to subparagraph (f) (10) above is yes, on a separate piece of paper provide the following information:

a. The name, address and telephone number of the organization or entity taking such action against the applicant;

b. The type of action taken;

c. The date of the action;

d. A description of the facts giving rise to the action;

f. The procedural history of the matter, including whether or not the action was reversed or overturned on appeal;

(12) Whether, other than as addressed above, the applicant has ever been disciplined, reprimanded or sanctioned for any activity undertaken as a guardian ad litem in this or any other jurisdiction;

(13) If the answer to subparagraph (f)(12) is yes, on a separate piece of paper provide the following information:

a. The name, address, and telephone number of the organization or entity taking such action against the applicant;

b. The type of action taken;

c. The date of the action;

d. A description of the facts giving rise to the action;

f. The procedural history of the matter, including whether or not the action was reversed or overturned on appeal;

(14) Whether the applicant has ever been a defendant in any criminal proceeding, or has been charged with or arrested for any criminal matter, in this or any other jurisdiction, which has not been annulled;

(15) If the answer to sub-paragraph (f) (14) above is yes, on a separate piece of paper provide the following information:

a. The name and docket number of each case, or, if unavailable, such other information as will serve to identify each case or matter;

b. The jurisdiction in which each matter was or is pending;

c. The name of the court, if any, in which each matter was or is pending;

d. The date that each matter was initiated;

e. A description of the nature of each case or matter, including:

Each offense charged or for which the person was arrested and, if the offense involved an attempt, conspiracy, or solicitation, the underlying offense alleged to have been the subject of the conspiracy, attempt, or solicitation;
Whether the offense at issue was a felony;
Whether the offense at issue was a misdemeanor;
If the offense at issue was a misdemeanor, whether conviction of, or a plea of guilty to, the offense would bring, or did bring, the total number of the person’s misdemeanors to more than 2, regardless of the jurisdiction or jurisdictions in which any of the misdemeanors arose;
Whether the offense at issue involved a child or incapacitated adult as a victim or intended victim; and
Whether the offense at issue involved either domestic violence as defined by RSA 173-B: 1, IX, as further specified in RSA 173-B:1, I so as to include either commission or attempted commission of the offense, solicitation or conspiracy to commit that offense as so described, or an offense in another jurisdiction which would have constituted domestic violence as so described, or solicitation or conspiracy to commit that offense, if committed in, or charged under the law of, the state of New Hampshire;

f. The procedural history of the matter, including whether there was a conviction or a guilty plea and the appellate history of the matter, if any; and

g. Whether the matter is still pending;

(16) Whether the person has ever had his or her application for license, certification, registration, or approval to practice as a guardian ad litem denied in a jurisdiction other than New Hampshire;

(17) If the answer to subparagraph (f) (16) above is yes, on a separate piece of paper provide the following information:

a. The name of the court or other authority taking such action;

b. The date of such action;

c. A description of the reason for such action;

d. A description of the procedural history of the matter; and

e. Whether the ground for the denial was subsequently superceded by the granting of an application;

(18) Whether the person has ever been subject to a fine pursuant to RSA 490:26-g, Guardians Ad Litem; Failure to File Reports, for failure to file a report required by any court or statute by the date the report was due and, if so, on a separate piece of paper provide the following information:

a. The court which imposed the fine;

b. The date of the fine; and

c. The amount of the fine;

(19) Whether the person has ever been subject to any protective order in this or any other jurisdiction and, if so, on a separate piece of paper provide the following information:

a. The name and docket number of the case;

b. The jurisdiction and name of the court in which the matter was pending;

c. The date of the protective order;

d. A description of the circumstances giving rise to the restraining order;

e. The procedural history of the case; and

f. Whether the matter is still pending;

(20) Whether the applicant has ever been held in contempt of court in this or any other jurisdiction and, if so, on a separate piece of paper provide the following information:

a. The name and docket number of the case;

b. The jurisdiction and name of the court in which the matter was pending;

c. The date of the finding of contempt;

d. A description of the circumstances giving rise to the finding of contempt;

e. The procedural history of the case; and

f. Whether the matter is still pending; and

(21) Whether the person has ever have been the subject of a report of child abuse or neglect in this or any other jurisdiction and, if so, on a separate piece of paper provide the following information:

a. The jurisdiction in which the report was issued;

b. The date of the report;

c. A description of the circumstances to which the report related; and

d. The outcome of the matter, including whether the report was determined to be founded by the authority investigating the matter;

(g) Under the heading “Other Information”:

(1) Other than traffic or parking offenses as a violation or cases in which the person served solely in the capacity of a guardian ad litem, have you ever, since the last filing of an application, been a party to any family law or domestic relations proceeding, or any other non-criminal court case, proceeding or action of any type, in this or any other jurisdiction, including but not limited to any civil, equity, landlord/tenant, probate, bankruptcy, forfeiture, or other action, proceeding or matter of any type whatsoever?;

(2) If the answer to (1) above is yes, on a separate piece of paper:

a. The name and docket number of the case;

b. The name of the court in which the matter was pending;

c. The date that the matter was initiated;

d. A description of the nature of the case; and

e. Whether the matter is still pending;

(3) Whether the applicant possesses other or additional specialized knowledge, training, experience or skills not otherwise specified that he or she believes would be of assistance in carrying out the duties of a guardian ad litem and, if so, a description of that knowledge, training, experience or skill; and

(4) Whether the applicant has ever been denied certification by the board and, if so, on a separate piece of paper provide the following:

a. The date of the denial; and

b. The reason for the denial;

(h) Under the preprinted heading “References”:

(1) The names, addresses, and telephone numbers of the 3 individuals, whose letters of reference are submitted in support of the application;

(2) For each individual identified in subparagraph (h) (1) above, the relationship of that individual to the applicant, and the number of years that the individual has known the applicant;

(i) The applicant’s name in print;

(j) The applicant’s signature certifying the following in a statement preprinted on the form:

(1) The information provided by the applicant on or in connection with the application form is, to the best of the applicant’s knowledge and belief, true, accurate and complete and the documentation provided in support of the application is a true and complete version of the documentation submitted;

(2) The applicant acknowledges that the information provided on the application form and the documentation provided to support the application is public information except to the extent exempted from public disclosure pursuant to RSA 91-A, court order, RSA 490-C or orders issued there under;

(3) The applicant specifically acknowledges that any and all information submitted to the board may be divulged by the board to any potential appointing court as well as to such other entities or persons as provided for by these rules or other law, including the New Hampshire judicial branch family division; and

(4) The applicant acknowledges that, pursuant to RSA 641:3, knowingly making a false representation on the application form is punishable as a misdemeanor; and

(k) The date of the signature described in (j) above.

History

#8101, eff 1-1-05; ss by #8942, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 302.03 Required Supporting Materials {#sec-gal-302.03 omnilex-key=us-nh-regs-official--agency-gal--Gal 302.03}

In addition to the completed application form the applicant shall submit or cause to be submitted to the board:

(a) 4 copies of an official transcript of work performed by the applicant in satisfaction of either a bachelor’s degree, an associate’s degree, or a more advanced degree beyond a bachelor’s, whichever is the highest degree obtained by the applicant, which transcript provides that a bachelor’s, associate’s , or more advanced degree has been awarded;

(b) A fully executed state of New Hampshire criminal records release authorization form from the department of safety allowing for the disclosure of the applicant’s current criminal record to the board;

(d) An original writing together with 3 copies from the central registry of founded abuse and neglect reports indicating that the applicant’s name does not now appear in the central registry of founded abuse and neglect reports;

(e) A original written submission together with 3 copies prepared by the applicant which:

(1) Is in the form of a document separate and distinct from any cover letter or other supporting document submitted;

(2) Is clearly labeled “written submission”;

(3) Is completed in typescript;

(4) Contains not less than 200 words nor more than 500 words;

(5) Describes the reasons why the applicant wishes to engage in the work of a guardian ad litem;

(6) Specifies the applicant’s personal qualities or experiences which the applicant believes would enable him or her to successfully engage in the work of a guardian ad litem;

(7) Describes the reasons why, in the opinion of the applicant, it should be concluded that the applicant possesses good judgment; and

(8) Is written in a style and form that the applicant believes clearly, succinctly and understandably addresses the matters specified in subparagraphs (5) through (7) above;

(f) Positive letters of reference from 3 individuals, at least one of whom has known the applicant for at least 2 years and at least one of whom has observed the applicant’s interaction with children or incapacitated adults, or who has had the opportunity to form an opinion regarding the applicant’s ability to understand and empathize with children or incapacitated adults, which letters shall:

(1) Be written by individuals who:

a. Are not family members, current business partners, employees, workplace subordinates or business associates of the applicant, except that such letters may be written by a person who is the applicant’s supervisor; and

b. Are familiar with the applicant’s character and overall knowledge, skill, proficiency, and impartiality in contexts that the writer views as indicative of the applicant’s future successful performance of the duties of a guardian ad litem;

(2) State the applicant’s name;

(3) Provide the name and mailing address of the person writing the letter;

(4) Provide a brief description of the writer’s background and experience;

(5) State:

a. That the writer is not a family member, current business partner, employee, workplace subordinate, or business associate of the applicant, other than a supervisor;

b. That the writer is familiar with the applicant’s character and overall knowledge, skill, proficiency, and impartiality in contexts that the writer views as indicative of the applicant’s future successful performance of the duties of a guardian ad litem; and

c. In the case of a letter from a person who has observed the applicant’s interaction with children or incapacitated adults, or who has had the opportunity to form an opinion regarding the applicant’s ability to understand and empathize with children or incapacitated adults:

That the writer has so observed or has formed such opinion, including therein the basis for that observation or opinion; and
That the writer attests to the applicant’s ability to understand and empathize with children or incapacitated adults;

(6) Include positive comment on the attributes of the applicant that the writer believes would render the applicant a good candidate for certification as a guardian ad litem;

(7) State that the applicant is, in the opinion of the writer, a person of good character and why;

(8) Recommend the applicant for certification as a guardian ad litem;

(9) Contain the signature of the writer and the date of the letter, which date shall not be more than one year prior to the date of submission to the board; and

(10) Be addressed, in the body of the writing, to the board in specific;

(g) 4 copies of a photograph identification card or other document issued by a governmental agency, which card or certificate includes, at least:

(1) A clear depiction of the applicant;

(2) The applicant’s name; and

(3) The applicant’s date of birth;

(h) A written waiver of confidentiality stating that the application form, supporting documentation and any other material received by the board from or about the applicant, may be disclosed to:

(1) The supreme, superior, district, probate, and any other state court located in the state of New Hampshire, including the New Hampshire judicial branch family division;

(2) The federal district court or any other court of the United States located in New Hampshire;

(3) Any court in any jurisdiction other than the above, and any certifying board, which requests information on the applicant in connection with the appointment, registration, or certification of the person as a guardian ad litem;

(4) Court Appointed Special Advocates of New Hampshire (CASA), if the person is a CASA volunteer; and

(5) Any other person or entity not prohibited by law;

(i) If the applicant’s answer to Gal 302.02 (f) (8) is yes, 4 copies of the order, decision, or other writing, if any, from the professional organization or supervising entity setting forth the factual findings and conclusions resulting in disbarment, revocation, suspension, reprimand, discipline, censure, or disqualification;

(j) If any disbarment, revocation, suspension, reprimand, discipline, censure, or disqualification noted in (i) above has ended, or if it was subsequently reversed or overturned on appeal, 4 copies of the order, decision or other writing, if any, from the professional organization or supervising entity setting forth the terms under which the disbarment, revocation, suspension, reprimand, discipline, censure, or disqualification has been lifted or the terms under which it was reversed or overturned;

(k) If the applicant’s answer to Gal 302.02 (f) (10), (12), (14), (16), or (18) is yes, 4 copies of the order, decision or other writing, if any, from the sanctioning body or other entity setting forth the factual findings and conclusions resulting in the revocation, suspension, discipline, denial, reprimand, fine, or sanction;

(l) If any revocation, suspension, discipline, denial, reprimand, fine, or sanction noted in (k) above has ended, or if it was subsequently reversed or overturned on appeal, 4 copies of the order, decision or other writing, if any, from the sanctioning body setting forth the terms under which the revocation, suspension, discipline, denial, reprimand, fine, or sanction has been lifted or the terms under which it was reversed or overturned;

(m) If the applicant’s answer to Gal 302.02(f)(19) is yes and he or she has ever been subject to a protective order, 4 copies of the protective order;

(n) If any protective order noted in (m) above was subsequently reversed or modified, or if it was overturned on appeal, 4 copies of any order or decision reversing, modifying, or overturning the protective order;

(o) If the applicant’s answer to Gal 302.02(f)(20) is yes and he or she has been held in contempt of court, 4 copies of the writing or transcript of the portion of the proceeding, if any, holding him or her in contempt;

(p) If any finding of contempt noted in (o) above was subsequently reversed or modified, if it was overturned on appeal, or if the finding of contempt has been lifted, 4 copies of any order or decision reversing, modifying, lifting, or overturning the finding; and

(q) 4 copies of certificates of attendance at the training specified at Gal 303.02 (a)(1-4).

History

#8101, eff 1-1-05; ss by #8942, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16 (from Gal 302.04)

N.H. Code Admin. R. Ann. Gal 302.04 Letters of Reference {#sec-gal-302.04 omnilex-key=us-nh-regs-official--agency-gal--Gal 302.04}

(a) Letters of reference shall be either in the form of a written narrative from the person providing the reference or shall be submitted by a person on a board provided Letter of Reference Form, effective 10/16.

(b) Whether submitted as a written narrative or on a form provided by the board, letters of reference shall address each of the requirements of such letters set forth in Gal 302.03 (f).

History

#8101, eff 1-1-05; ss by #8942, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16 (formerly Gal 302.05)

Part Gal 303 Qualifications for Certification

N.H. Code Admin. R. Ann. Gal 303.01 Requirements for Certification {#sec-gal-303.01 omnilex-key=us-nh-regs-official--agency-gal--Gal 303.01}

An applicant for certification shall:

(a) Submit a fully completed original and 3 copies of an application form, actual payment of the amount of the required certification fee and all required supporting documentation, including but not limited to the check referred to in Gal 302.03 (c);

(b) Submit any additional information required under Gal 302.03;

(1) A bachelor’s degree from an accredited college or university plus at least 600 hours of experience in professional or volunteer activities dealing with children or incapacitated adults;

(2) An associate’s degree from an accredited college or university plus at least 1,000 hours of experience in professional or volunteer activities dealing with children or incapacitated adults; or

(3) An advanced degree from an accredited college or university beyond a bachelor’s degree, for which a bachelor’s degree is a prerequisite, plus at least 200 hours of experience in professional or volunteer activities dealing with children or incapacitated adults;

(d) Be at least 25 years of age;

(e) Never have been convicted of or pleaded guilty to any felony in any jurisdiction which has not been reversed or overturned on appeal or annulled;

(f) Never have been convicted of or pleaded guilty to:

(1) Any misdemeanor in any jurisdiction involving a child or incapacitated adult as a victim or, in the case of offenses involving attempt, conspiracy, or solicitation, as the intended victim, which has not been reversed or overturned on appeal or annulled;

(2) Any misdemeanor involving domestic violence as defined in RSA 173-B:1, IX, as further specified in RSA 173-B: 1, I so as to include either commission or attempted commission of an offense, which has not been reversed or overturned on appeal or annulled;

(3) Solicitation or conspiracy to commit a misdemeanor involving domestic violence under (2) above, which has not been reversed or overturned on appeal or annulled;

(4) Any misdemeanor committed contrary to the law of a jurisdiction other than the state of New Hampshire which would constitute domestic violence, as described under (f) (2) above, or solicitation or conspiracy to commit that offense, if committed in, or charged by, the state of New Hampshire, which has not been reversed or overturned on appeal or annulled;

(5) Any misdemeanor which has not been reversed or overturned on appeal or annulled arising under:

a. RSA 641:2, false swearing;

b. RSA 641:3, unsworn falsification;

c. RSA 641:4, false reports to law enforcement;

d. RSA 645:1, indecent exposure and lewdness;

e. RSA 638:1, forgery;

f. RSA 633:3-a, stalking;

g. RSA 633:4, interference with custody;

h. RSA 644:4 harassment;

i. RSA 632-A:4, sexual assault;

j. RSA 631:2-a, simple assault;

k. RSA 631:3, reckless conduct;

l. RSA 633:3, false imprisonment;

m. RSA 634:1, arson;

n. RSA 634:2, criminal mischief;

o. RSA 635:1, burglary;

p. RSA 635:2 criminal trespass;

q. RSA 637, theft;

r. RSA 644:8, cruelty to animals;

s. RSA 631:2-b, domestic violence;

t. RSA 631:2, second degree assault;

u. RSA 644:9-a, nonconsensual dissemination of private sexual images;

v. RSA 633:7, trafficking in persons; or

w. The law of a jurisdiction other than the state of New Hampshire, if the misdemeanor would constitute any of the offenses listed in (f) (5) above if committed in, or charged by the state of New Hampshire;

(6) Any misdemeanor involving an attempt, conspiracy or solicitation to commit those offenses listed in subparagraph (5) above which has not been reversed or overturned on appeal or annulled; or

(7) More than 2 misdemeanors of any type, regardless of the jurisdiction in which they arose, that have not been reversed or overturned on appeal or annulled;

(g) Not currently be an individual listed on the central registry of founded abuse and neglect reports, nor ever have been the subject of a founded report of child abuse or neglect in this or any other jurisdiction;

(h) Be of good character, as demonstrated by the applicant’s;

(1) Respect for the rights of others and the law;

(2) Fairness;

(3) Trustworthiness and reliability; and

(4) Professional commitment to the judicial process and the administration of justice;

(i) Never have been suspended from any activity as a guardian ad litem in any jurisdiction other than New Hampshire as the result of misconduct in the performance of his or her duties as a guardian ad litem, or as the result of a failure to be of good character, unless such suspension was reversed or overturned on appeal;

(j) Never have had any certification, registration, approval, or appointment as a guardian ad litem revoked as the result of misconduct in the performance of his or her duties as a guardian ad litem, or as the result of a failure to be of good character, in any jurisdiction other than New Hampshire, unless such revocation was reversed or the certification was reinstated, or unless the revocation was overturned on appeal;

(k) Never have had any certification, registration, approval or appointment as a guardian ad litem revoked in New Hampshire, by an entity other than the board, under the circumstances described in (j) above;

(l) If presently or formerly authorized to practice as an attorney in this or any other jurisdiction, never have been disbarred;

(m) Have completed the guardian ad litem training requirements specified in Gal 303.02 below;

(n) Be recommended for certification as a guardian ad litem by three individuals, as described in Gal 302.03 (f), in the manner described in Gal 302.04;

(o) Never have had his or her application for license, certification, registration, or approval to practice as a guardian ad litem denied in any jurisdiction other than New Hampshire on any basis that would constitute grounds for a denial of certification under RSA 490-C or the rules of the board, unless that denial was reversed, overturned on appeal, or the ground for denial was subsequently superseded by the granting of an application;

(p) Possess a current telephone number;

(q) Be able to clearly, succinctly and understandably articulate thoughts in writing as demonstrated by the person’s application, including the written submission required by Gal 302.03 (e); and

(r) Have access to reliable transportation.

History

#8101, eff 1-1-05; ss by #8942, eff 9-15-07; amd by #9523, eff 10-1-09; EXPIRED: 9-15-15 in paras. (b)-(s); ss by #11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 303.02 Training Requirements {#sec-gal-303.02 omnilex-key=us-nh-regs-official--agency-gal--Gal 303.02}

(a) An applicant for initial certification as a guardian ad litem shall complete the following training:

(1) A course of general guardian ad litem training as specified in (b) below, completed within the 3 years prior to the submission of the material specified in Gal 302.01 (b);

(2) A course of court specific training as set forth in (c) below, completed within the 3 years prior to the submission of the material specified in Gal 302.01 (b);

(3) The State of New Hampshire child impact seminar completed within 3 years prior to submission of the material specified in Gal 302.01(b); and

(4) 4 hours of shadowing a certified guardian ad litem in court set forth in (d) below.

(b) General guardian ad litem training shall consist of a course or courses of study not to exceed 8 hours of training commissioned by the board under RSA 490-C:4, or offered by the board, that:

(1) Encompasses instruction in at least the following areas:

a. An overview of the role of guardians ad litem in New Hampshire;

b. The composition and duties of the guardian ad litem board;

c. Guardian ad litem training requirements, the guardian ad litem certification application process and complaint processes relative to guardians ad litem in New Hampshire;

d. The standards of practice, court rules, guidelines, codes of ethics, administrative rules, and statutes applicable to guardians ad litem in New Hampshire;

e. The dynamics of family groups, including but not limited to the broad range of ways in which families of different social, cultural, and economic backgrounds may meet the needs of children;

f. Professionalism in guardian ad litem practice, the professional roles of other individuals involved in cases in New Hampshire in which a guardian ad litem may be involved and the scope and limits of guardian ad litem practice;

g. The liabilities and immunities applicable to guardians ad litem in New Hampshire;

h. Techniques and strategies for the gathering of complete and reliable information regarding issues within the scope of the guardian ad litem’s appointment;

i. The resources available to the parties from the state or from private agencies to address issues that may arise in cases in which guardians ad litem may be appointed;

j. Business transactions;

k. Domestic violence training;

l. The role of guardians at litem in dealing with witnesses and victims;

m. The role of guardians ad litem participating in hearings and post hearing obligations; and

n. Report writing and investigations.

(c) Court specific guardian ad litem training shall consist of a course or courses of study not to exceed 8 hours commissioned by the board under RSA 490-C:4, or offered by the board, as encompassing the following types of cases:

(1) Abuse and neglect;

(2) Permanency planning;

(3) Children in need of services;

(4) Delinquent children;

(5) Custody;

(6) Parental rights and responsibilities;

(7) Domestic violence;

(8) Termination of parental rights;

(9) Guardianships of minors and incapacitated adults; and

(10) For attorneys only, estates and criminal law.

(d) Shadowing a certified guardian ad litem shall consist of at least 4 hours in court.

History

#8101, eff 1-1-05; ss by #8942, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, ef 10-21-16

N.H. Code Admin. R. Ann. Gal 303.03 Applicability of Qualification Provisions {#sec-gal-303.03 omnilex-key=us-nh-regs-official--agency-gal--Gal 303.03}

(a) To the extent that the provisions of this chapter relative to qualifications for certification may change during the term of a guardian ad litem’s initial period of certification, he or she shall not be deemed unqualified during that period if he or she meets the qualifications that were in effect at the time he or she was initially certified.

(b) A guardian ad litem seeking renewal of certification or reinstatement under Gal 400 shall meet the qualifications for renewal or reinstatement that are in effect at the time of that application for renewal or reinstatement.

History

#8101, eff 1-1-05; ss by #8942, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

Part Gal 304 Fees

N.H. Code Admin. R. Ann. Gal 304.01 Fee Schedule {#sec-gal-304.01 omnilex-key=us-nh-regs-official--agency-gal--Gal 304.01}

(a) The certification fee shall be $75.00.

(b) The renewal fee shall be $75.00.

(d) The fee for filing petitions for declaratory rulings shall be $50.00.

(e) The fee for returned checks shall be $25.00, plus a separate $8.00 fee payable to the State of New Hampshire – Treasury.

History

#8101, eff 1-1-05; ss by #8942, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

Part Gal 305 Training for Court Appointed Special Advocates

N.H. Code Admin. R. Ann. Gal 305.01 Training Requirements {#sec-gal-305.01 omnilex-key=us-nh-regs-official--agency-gal--Gal 305.01}

All training for Court Appointed Special Advocates of New Hampshire (CASA) shall meet the requirements for licensure pursuant to Gal 300, Gal 400, and Gal 500, as established by the Board.

APPENDIX

Rule

Specific State Statute which the Rule Implements

Gal 301.01 – Gal 301.08

RSA 541-A: 7

Gal 302.01

RSA 490-C: 4, I (c); RSA 490-C:5, I(a), (c), (f); RSA 541-A: 29, I;

RSA 541-A: 16, I (b)

Ga1 302.02

RSA 490-C: 1; RSA 490-C: 4, I (c) (d); RSA 490-C: 5, I (a), (b), (c), (e); RSA 490-C: 5, II; RSA 490-C: 4, II (e), (g), (k); RSA 490-C: 5, II (c), (h); RSA 490-C: 5-a, I; RSA 490-C: 5-b; RSA 490-26-g; RSA 641: 3

Ga1 302.03

RSA 490-C: 1; RSA 490-C: 4, I (c) (d), RSA 490-C: 4, II (e), (g), (k);

RSA 490-C: 5, I (a), (c), (e); RSA 490-C: 5, II (c), (h); RSA 541-A: 16, I (b); RSA 490-C: 5-a; RSA 490-C: 5-b

Gal 302.04

RSA 490-C: 1; RSA 541-A: 7; RSA 490-C: 4, I (c); RSA 490-C: I, (a), (b), (c); RSA 490-C: 5-a; RSA 541-A: 16, I (b)

Ga1 303.01

RSA 490-C: 1; RSA 490-C: 4, I (c), (d); RSA 490-C: 5, I (c), (d), (e);

RSA 490-C: 5-a; RSA 173-B; RSA 631:2-a, 3; RSA 632-A: 4;

RSA 633:3, 3-a and 4; RSA 634: 1, 2; RSA 635: 1, 2; RSA Ch. 637;

RSA 638:1; RSA 641: 2; RSA 644: 4; RSA 645:1; RSA Ch. 629

Gal 303.01 (a)

RSA 490-C: 4, I (c); RSA 490-C: 5, I (a), (c); RSA 541-A:29;

RSA 490-C: 5-a, I; RSA 541-A: 16, I (b)

Ga1 303.02

RSA 490-C: 1; RSA 490-C: 4, I (c), (d); RSA 490-C: 5, I (c), (d);

RSA 490-C: 5-a; RSA 490-C: 4, II (a)

Ga1 303.03

RSA 490-C: 1; RSA 490-C: 4, I (c) (f); RSA 490-C: 5, I (c), (d), (e);

RSA 490-C: 5-a; RSA 541-A: 16, I (b); RSA 541-A: 14, IV;

RSA 541-A: 16, III

Gal 304.01

RSA 490-C;1; RSA 490-C:4,I(c); RSA 490-C:4,II(d),(h); RSA 480-C:5, I(f); RSA 490-C:5,II(b)

Gal 305.01

RSA 490-C:6

History

#14363, eff 11-2-25, EXPIRES: 11-2-35

Chapter Gal 400 Continued Status

Part Gal 401 Renewal of Certification

N.H. Code Admin. R. Ann. Gal 401.01 Procedure for Renewal of Existing Certification {#sec-gal-401.01 omnilex-key=us-nh-regs-official--agency-gal--Gal 401.01}

(a) A certified guardian ad litem wishing to renew his or her certification shall submit the material specified at Gal 401.03 (b) (1) – (4) to the board no later than the date of the expiration of the certification and no earlier than 90 days prior to the date of the expiration of certification.

(b) Pursuant to RSA 490-C:5-a, III, if a timely application for renewal, containing all required information and materials has been made prior to the expiration of a certification, the existing certification shall not expire until the board has taken final action on the application for renewal.

(c) If an application is submitted to the board prior to the expiration of the person’s certification but the board, pursuant to Gal 401.03, requires additional information or materials in order to process that request, the person submitting the request shall be deemed temporarily certified.

(d) Temporary certification under (c) above shall expire when the board acts on the request pursuant to Gal 401.03.

(e) Renewal of an existing certification that is subject to suspension shall be subject to the provisions of Gal 402.07 (a).

History

#8942, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 401.02 Procedures for Reinstatement of Certification {#sec-gal-401.02 omnilex-key=us-nh-regs-official--agency-gal--Gal 401.02}

A person whose certification has expired, been suspended, or revoked may again seek certification as follows:

(a) A person who was previously certified by the board but whose certification expired may seek to obtain reinstatement in accordance with Gal 401.04;

(b) A person whose certification has been suspended by the board pursuant to Gal 402.04(b)(1) shall be eligible for reinstatement in accordance with the terms of the settlement or agreement;

(c) A person whose certification has been suspended by the board pursuant to Gal 402.04(b)(2) or Gal 402.04(b)(3) shall be eligible for reinstatement only when the following conditions have been met:

(1) The person seeking reinstatement submits an application in compliance with Gal 401.08;

(2) After review, the board concludes it is more probable than not that:

a. Reinstatement, either with or without alternative sanctions, would better assist the person in conforming his or her future conduct to the requirements of RSA 490-C, Gal 500 or other applicable law than would continuation of the suspension either with or without additional sanctions;

b. The purposes served by the disciplinary action have been or would, with the imposition of alternative sanctions, be fully fulfilled;

c. Reinstatement would pose no risk of potential harm to the health, safety, welfare, or best interests of a recipient of services or potential recipients of services;

d. The person possesses the continuing education required for reinstatement; and

e. The person is otherwise qualified for reinstatement; and

(3) The person has complied with any other sanction, penalty, or condition of certification imposed upon him or her, including the terms of any settlement or agreement with the board, as required;

(d) A person whose certification has been suspended by the board for reasons other than as described above shall be eligible for reinstatement:

(1) After the period of suspension has expired:

(2) After the person has complied with any other sanction or penalty imposed upon him or her by the board; and

(3) When the person is otherwise qualified for reinstatement;

(e) A person whose certification has been revoked by the board pursuant to Gal 402.03(b)(1) shall be reinstated by the board when the following circumstances have been met:

(1) The person has not previously had his or her certification revoked and reinstated;

(2) The person submits and application in compliance with Gal 401.08;

(3) The board concludes after review that:

a. The person has submitted the material required by Gal 401.04;

b. A period of at least 3 years has elapsed from the date of the revocation;

c. The person has completed the continuing education requirements of Gal 403.01(a);

d. The person meets the qualifications for reinstatement set forth in Gal 401.13;

e. Reinstatement of certification, either with or without alternative sanctions, would better assist the person in conforming his or her future conduct to the requirements of statutory, administrative, or case law than would the continuation of the penalty of revocation, either with or without additional sanctions;

f. The purposes served by the revocation have been completely fulfilled; and

g. Reinstatement, either with or without alternative sanctions, would likely pose no risk of potential harm to the health, safety, welfare, or best interests of a recipient of services or potential recipient of services; and

(4) The person has complied with any other sanction, penalty, or condition of certification imposed upon him or her, including the terms of any settlement or agreement with the board, as required.

History

#8942, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 401.03 Certification Renewal Process {#sec-gal-401.03 omnilex-key=us-nh-regs-official--agency-gal--Gal 401.03}

(a) Renewal application forms containing the information described in Gal 401.07 below shall:

(1) Be completed using a keyboard or legibly in ink;

(2) Be signed by the applicant; and

(3) Have all sections completed or designated as not applicable to the applicant.

(b) The board shall not consider a request for renewal until such a time as the following material has been received by the board:

(1) A fully completed original renewal application form specified in Gal 401.07, together with 3 copies of that form;

(2) Any required supporting materials specified in Gal 401.09;

(3) The applicable fee specified in Gal 304.01; and

(4) Return from the department of safety of the results of the criminal record check authorized by submission of the material specified at Gal 401.09 (a) and (b).

(c) In accordance with RSA 541-A:29, I, the board shall, through its personnel, representative, or staff, within 60 days of the receipt of the applicant’s submission under paragraph (b) above, notify the applicant if the application is incomplete or if the board requires additional information or material for the purpose of determining the applicant’s qualifications for certification.

(d) The notification, if any, provided under (c) above shall specify in writing the information or material that the applicant is required to submit.

(e) If, within 45 days of the issuance of a notification under (c) and (d) above, the applicant does not submit the information or material requested, the board shall deny the application.

(f) Within 120 days of receiving a fully completed application form, actual payment of the fee specified in Gal 304.01, all other items listed in paragraph (b) above and all material and information, if any, requested under paragraphs (c) and (d) above, the board shall either approve or deny the application.

(g) If the application is denied, the applicant shall be provided an opportunity for a hearing to challenge the denial.

(h) Any request for hearing under (g) above shall be submitted to the board within 30 days of the date of the letter of denial.

History

#8942, eff 9-15-07; amd by #9523, eff 10-1-09; EXPIRED: 9-15-15 in paras. (a)(2) & (3), (b)(1), (b)(3)-(5), and (d)-(h); ss by #11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 401.04 Certification Reinstatement Process {#sec-gal-401.04 omnilex-key=us-nh-regs-official--agency-gal--Gal 401.04}

(a) Reinstatement application forms containing the information described in Gal 401.08 below shall:

(1) Be legibly completed using a typewriter or electronic device which creates printed characters;

(2) Be signed by the applicant; and

(3) Have all sections completed or designated as not applicable to the applicant.

(b) The board shall not consider a request for reinstatement until such a time as the following material has been received by the board:

(1) A fully completed original reinstatement application form specified in Gal 401.08, together with 3 copies of that form;

(2) Any required supporting materials specified in Gal 401.10;

(3) The applicable fees specified in Gal 304.01; and

(4) Return from the department of safety of the results of the criminal record check authorized by submission of the material specified at Gal 401.10 (a) and (b).

(d) The notification, if any, provided under (c) above shall specify in writing the information or material that the applicant is required to submit.

(e) If, within 45 days of the issuance of a notification under (c) and (d) above, the applicant does not submit the information or material requested, the board shall deny the application.

(f) Within 120 days of receiving a fully completed application form, actual payment of the fees specified in Gal 304.01, all other items listed in paragraph (b) above and all material and information, if any, requested under paragraphs (c) and (d) above, the board shall either approve or deny the application.

(g) If the application is denied, the applicant shall be provided an opportunity for a hearing to challenge the denial.

(h) Any request for hearing under (g) above shall be submitted to the board within 30 days of the date of the letter of denial.

History

#8942, eff 9-15-07; amd by #9523, eff 10-1-09; EXPIRED: 9-15-15 in intro. para., (a), (b), and (d)-(g)
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 401.05 Denial of Renewal {#sec-gal-401.05 omnilex-key=us-nh-regs-official--agency-gal--Gal 401.05}

Certification renewal shall be denied if the board finds that:

(a) The applicant has requested renewal of an existing certification after the expiration of the certification which the person is seeking to renew;

(b) The applicant has failed to submit a fully completed original and 3 copies of an application form, all supporting documentation as is required for the certification and all material and information, if any, requested under Gal 401.03 (c) and (d) above;

(c) The board has not received the results of the criminal record check authorized by submission of the material specified at Gal 401.09 (a) and (b);

(d) The applicant has not made actual payment to the board of funds in the applicable amount specified in Gal 304.01;

(e) The applicant has failed to meet the qualifications for renewed certification; or

(f) The applicant has failed to comply with any prior condition of certification, including the terms of any settlement or agreement with the board.

History

#8942, eff 9-15-07; amd by #9523, eff 10-1-09; EXPIRED: 9-15-15 in paras. (a)(2), (a)(3), (b), & (c)
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16 (from Gal 401.04)

N.H. Code Admin. R. Ann. Gal 401.06 Denial of Reinstatement {#sec-gal-401.06 omnilex-key=us-nh-regs-official--agency-gal--Gal 401.06}

Certification reinstatement shall be denied if the board finds that:

(a) The applicant has failed to submit a fully completed original and 3 copies of an application form, all supporting documentation as is required for the reinstatement and all material and information, if any, requested under Gal 401.04 (c) and (d) above;

(b) The board has not received the results of the criminal record check authorized by submission of the material specified at Gal 401.10;

(d) The applicant has failed to meet the qualifications for reinstatement certification; or

(e) The applicant has failed to comply with any prior condition of certification, including the terms of any settlement or agreement with the board.

History

#8942, eff 9-15-07; amd by #9523, eff 10-1-09; EXPIRED: 9-15-15 in paras. (a)(2), (a)(3), (b), (c)(1) and (c)(3)-(12); ss by #11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 401.07 Renewal Application Form {#sec-gal-401.07 omnilex-key=us-nh-regs-official--agency-gal--Gal 401.07}

Unless another form is specified by these rules, a guardian ad litem who is seeking a new period of certification shall provide the following on a renewal application form provided by the board:

(a) Under the preprinted heading “Personal Data”:

(1) The applicant’s full name;

(2) Any name by which the person has been known since submitting his or her most recent application form, including the dates that the name or names were used;

(3) The mailing address of the applicant’s guardian ad litem business;

(4) The email address of the applicant’s guardian ad litem business; and

(5) The telephone number of the applicant’s guardian ad litem business;

(b) Under the preprinted heading “Recent Employment History,” the following information:

(1) The name of applicant’s current employer, including self-employment;

(2) The address and telephone number of applicant’s current employer;

(1) Whether the applicant has, since the most recent application, completed the required 30 hours of continuing education;

(2) Attaching a separate piece of paper if necessary, a log of courses containing the following information:

a. The title of the activity;

b. A brief description of the topics covered in the activity;

c. Whether, in accordance with Gal 403.09, the person has retained in his or her possession such documentation which would serve to verify:

That the activity is of the nature described in Gal 403.02;
The number of credits claimed; and
The person’s actual attendance at or participation in the activity within the applicable time period set forth in these rules;

d. The date of the person’s participation in the activity;

e. The name of the person or entity sponsoring or otherwise arranging for the activity;

f. The number of continuing education credits claimed for participation in each activity;

g. If the activity was of one of the specific types of activity listed in Gal 403.03, identification of the category into which the activity falls;

h. If the activity was not one of the specific types of activity listed in Gal 403.03:

A description of the activity;
Whether or not the activity has been approved for continuing education credit under Gal 403.05 and Gal 403.06;
If the activity has been approved for continuing education credit under Gal 403.05 and Gal 403.06, the date of approval; and
If not previously approved for continuing education credit under Gal 403.05 and Gal 403.06, whether the applicant has submitted a request for approval described at Gal 403.06;

(3) The total number of continuing education credits claimed in the period which pertains to the application;

(4) The total number of continuing education credits required in connection with the application; and

(5) The percentage of the total continuing education credits claimed that relate to service as an instructor under Gal 403.03 (e), or (g), or any combination of those paragraphs;

(d) Under the preprinted heading “Professional Record and Ethics”:

(1) Whether or not any of the applicant’s answers to the “Professional Records and Ethics” questions on the most recent application have changed since filing the most recent application; and

(2) If yes, on a separate piece of paper, the following information:

a. Name;

b. Address;

c. Telephone number of organization;

d. Court or entity taking such action;

e. Docket number;

f. Type of action taken;

g. Date of action;

h. A description of the facts giving rise to the action;

i. A description of the reason for such action, including whether it was claimed applicant engaged in misconduct in performance of his or her GAL duties or that applicant was not of good character; and

j. The procedural history of the matter, including whether the action was reversed or overturned on appeal;

(e) Under the heading “Other Information”:

(1) Whether the applicant has, since last filing an application for licensure, been a party to any family law or domestic relations proceeding, or any other non-criminal court case, proceeding or action of any type, in this or any other jurisdiction, including but not limited to any civil, equity, landlord/tenant, probate, bankruptcy, forfeiture, or other action, proceeding, or matter of any type whatsoever, other than traffic or parking offenses charged as a violation or cases in which the person served solely in the capacity of a guardian ad litem; and

(2) If the answer to (e)(1) is yes, the following information on a separate piece of paper:

a. Name and docket number of the case;

b. Name of the court in which the matter was pending;

c. Date the matter was initiated;

d. Description of the nature of the case; and

e. Whether the matter is still pending;

(f) The applicant’s name in print;

(g) The applicant’s signature certifying the following in a statement preprinted on the form:

(1) The information provided by the applicant on or in connection with the application form is, to the best of the applicant’s knowledge and belief, true, accurate, and complete and the documentation provided in support of the application is a true and complete version of the documentation submitted;

(3) The applicant specifically acknowledges that any and all information submitted to the board may be divulged by the board to any potential appointing court as well as to such other entities or persons provided for by these rules or other law, including the New Hampshire judicial branch family division; and

(4) The applicant acknowledges that, pursuant to RSA 641:3, knowingly making a false representation on the application form is punishable as a misdemeanor; and

(h) The date of the signature described in (g) above.

History

#8942, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 401.08 Reinstatement Application Form {#sec-gal-401.08 omnilex-key=us-nh-regs-official--agency-gal--Gal 401.08}

Unless another form is specified by these rules, a guardian ad litem who is seeking reinstatement shall provide the following on a reinstatement application form provided by the board:

(a) Under the preprinted heading “Personal Data”:

(1) The applicant’s full name;

(2) Any name by which the person has been known since submitting his or her most recent application form, including the dates that the name or names were used;

(3) The applicant’s mailing address of his or her GAL Business;

(4) The applicant’s telephone number of his or her GAL Business; and

(5) The applicant’s GAL business email address;

(b) Under the preprinted heading “Recent Employment History,” the following information:

(1) The name of applicant’s current employer, including self-employment; and

(2) The address and telephone number of applicant’s current employer;

(1) Whether the applicant has, within the last 3 years, completed the required 30 hours of continuing education;

(2) Attaching a separate piece of paper if necessary, a log of courses containing the following information:

a. The title of the activity;

b. A brief description of the topics covered in the activity;

c. Whether, in accordance with Gal 403.09, the person has retained in his or her possession such documentation which would serve to verify:

That the activity is of the nature described in Gal 403.02;
The number of credits claimed; and
The person’s actual attendance at or participation in the activity within the applicable time period set forth in these rules;

d. The date of the person’s participation in the activity;

e. The name of the person or entity sponsoring or otherwise arranging for the activity;

f. The number of continuing education credits claimed for participation in each activity;

g. If the activity was of one of the specific types of activity listed in Gal 403.03, identification of the category into which the activity falls; and

h. If the activity was not one of the specific types of activity listed in Gal 403.03:

A description of the activity;
Whether or not the activity has been approved for continuing education credit under Gal 403.05 and Gal 403.06;
If the activity has been approved for continuing education credit under Gal 403.05 and Gal 403.06, the date of approval; and
If not previously approved for continuing education credit under Gal 403.05 and Gal 403.06, whether the applicant has submitted a request for approval described at Gal 403.06;

(3) The total number of continuing education credits claimed in the period which pertains to the application;

(4) The total number of continuing education credits required in connection with the application; and

(5) The percentage of the total continuing education credits claimed that relate to service as an instructor under Gal 403.03 (e), or (g), or any combination of those paragraphs;

(d) Under the preprinted heading “Certification Status”:

(1) The beginning and end dates of the applicant’s most recent certification; and

(2) If the applicant is a guardian ad litem who was formerly certified by the board:

a. Whether the applicant’s most recent certification, its expiration, or the request for reinstatement is subject to the terms of any settlement or agreement with the board;

b. Whether the applicant’s most recent certification expired while under a period of suspension;

c. Whether the applicant’s most recent certification was revoked by the board and, if so, whether the applicant has ever previously had his or her certification revoked and reinstated by the board;

d. Whether the application follows a resignation or surrender of the applicant’s most recent certification and, if so, the date that the resignation or surrender was approved by the board;

e. Whether the application follows a previous unsuccessful attempt to renew the applicant’s most recent certification and, if so, the date of that unsuccessful attempt; and

f. Whether the applicant is requesting new certification after his or her most recent certification was revoked by the board and, if so, whether the applicant has submitted a separate written request for a hearing on reinstatement;

(e) Under the preprinted heading “Professional Record and Ethics”:

(1) Since submitting the most recent application whether or not any of the applicant’s answers to the “Professional Records and Ethics” questions on the most recent application have changed;

(2) If the answer to (e)(1) above is yes, on a separate piece of paper, provide the following information:

a. The name, address, and telephone number of the organization, court, or entity taking such action;

b. The docket number of such action;

c. The type of action taken;

d. The date of action;

e. A description of the facts giving rise to the action;

f. A description of the reason for such action, including whether it was claimed the applicant engaged in misconduct in performance of his or her GAL duties or that applicant was not of good character; and

g. The procedural history of the matter, including whether the action was reversed or overturned on appeal;

(f) Under the heading “Other Information”:

(1) Since the most recent application has applicant ever been a party to any family law or domestic relations proceeding, or any other non-criminal court case, proceeding or action of any type, in this or any other jurisdiction, including but not limited to any civil, equity, land-lord/tenant, probate, bankruptcy, forfeiture, or other action, proceeding, or matter of any type whatsoever, other than traffic or parking offenses charged as a violation or cases in which the person served solely in the capacity of a guardian ad litem; and

(2) If the answer to (f)(1) is yes, on a separate piece of paper, the following information:

a. The name and docket number of the case;

b. The name of the court in which the matter was pending;

c. The date the matter was initiated;

d. The description of the nature of the case; and

e. Whether the matter still pending;

(g) The applicant’s name in print;

(h) The applicant’s signature certifying the following in a statement preprinted on the form:

(3) The applicant specifically acknowledges that any and all information submitted to the board may be divulged by the board to any potential appointing court as well as to such other entities or persons provided for by these rules or other law, including the New Hampshire judicial branch family division; and

(4) The applicant acknowledges that, pursuant to RSA 641:3, knowingly making a false representation on the application form is punishable as a misdemeanor; and

(i) The date of the signature described in (h) above.

History

#8942, eff 9-15-07; EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 401.09 Required Supporting Materials for Renewal Certification {#sec-gal-401.09 omnilex-key=us-nh-regs-official--agency-gal--Gal 401.09}

In addition to the completed renewal application form, a person shall also submit or cause to be submitted to the board:

(a) A fully executed state of New Hampshire criminal records release authorization form from the department of safety allowing for the disclosure of the applicant’s current criminal record to the board dated within 6 months of the application;

(b) A check made out to “State of NH – Criminal Records” in the amount specified by Saf-C 5703.10;

(c) An original writing together with 3 copies from the central registry of founded abuse and neglect reports established under RSA 169-C:35 indicating that the applicant’s name does not now appear in the central registry of founded abuse and neglect reports dated within 6 months of the application;

(d) If the applicant’s answer to Gal 401.07 (d) (1) is yes and the information previously provided by the applicant on his or her most recent application form under the heading of “Professional Record and Ethics” in Gal 302.02 (f) has changed in a manner that involves the issuance of an order, decision or other writing from a professional organization or supervising entity which sets forth the terms of a disbarment, revocation, suspension, reprimand, discipline, sanction, censure, disqualification, denial, fine, suspension, or penalty:

(1) 4 copies of the order, decision, or other writing if any from the entity imposing the fine, suspension, sanction, penalty, denial, disqualification, censure, discipline, reprimand, disbarment, or revocation, setting forth the factual findings and conclusions; and

(2) If the disbarment, revocation, suspension, reprimand, discipline, sanction, censure, disqualification, denial, penalty, or fine has ended, or if it was subsequently reversed or overturned on appeal, 4 copies of the order, decision or writing, if any, so relating to that matter;

(e) If requested under Gal 401.03 or Gal 404.01, such additional information required by the board;

(f) If the applicant is, at the time of his or her application, seeking approval of an activity not listed in Gal 403.03 for continuing education credit, a request for approval together with 3 copies as described in Gal 403.06; and

(g) If the applicant is, at the time of the filing of an application, requesting an alteration of time in which to complete continuing education, an original signed, written request together with 3 copies pursuant to Gal 403.01 (i).

History

#8942, eff 9-15-07; EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 401.10 Required Supporting Materials for Reinstatement {#sec-gal-401.10 omnilex-key=us-nh-regs-official--agency-gal--Gal 401.10}

In addition to the completed reinstatement application form, a person shall also submit or cause to be submitted to the board:

(b) A check made out to the New Hampshire department of safety in the amount specified by Saf-C 5703.10;

(d) 4 copies of a photograph identification card or other document issued by a governmental agency, which card or certificate includes, at least:

(1) A clear depiction of the applicant;

(2) The applicant’s name; and

(3) The applicant’s date of birth;

(e) A written waiver of confidentiality, which includes the printed name and a dated signature of the applicant, stating that the application form, supporting documentation, and any other material received by the board from or about the applicant, may be disclosed to:

(1) The supreme, superior, district, probate, and any other state court located in the state of New Hampshire, including the New Hampshire judicial branch family division;

(2) The federal district court or any other court of the United States located in New Hampshire;

(4) CASA, if the person is a CASA volunteer; and

(5) Any other person or entity not prohibited by law;

(f) If the applicant’s answer to Gal 401.08 (e)(1) is yes and the information previously provided by the applicant on his or her most recent application form under the heading of “Professional Record and Ethics” in Gal 302.02 (f) has changed in a manner that involves the issuance of an order, decision or other writing from a professional organization or supervising entity which sets forth the terms of a disbarment, revocation, suspension, reprimand, discipline, sanction, censure, disqualification, denial, or fine, suspension, or penalty:

(g) In the case of a request for reinstatement which follows, is part of, or is covered by a settlement or agreement with the board, 4 copies of the settlement or agreement;

(h) In the case of a request for reinstatement where the most recent certification ended as the result of a resignation or surrender of certification, 4 copies of the board’s acceptance of the resignation or surrender pursuant to Gal 404.02;

(i) If requested under Gal 401.03 or Gal 404.01, such additional information required by the board;

(j) If the applicant is, at the time of his or her application, seeking approval of an activity not listed in Gal 403.03 for continuing education credit, a original signed request for approval together with 3 copies as described in Gal 403.06; and

(k) An original signed written statement together with 3 copies as to why the applicant is seeking reinstatement.

History

#8942, eff 9-15-07; amd by #9523, eff 10-1-09; EXPIRED: 9-15-15 in paras. (b)-(s); ss by #11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 401.11 General Qualifications for Renewal {#sec-gal-401.11 omnilex-key=us-nh-regs-official--agency-gal--Gal 401.11}

An applicant for certification renewal shall:

(a) Fully complete and submit the application form and all required supporting documentation, including but not limited to the check referred to in Gal 401.09 (b);

(b) Submit any additional information required under Gal 401.03 (c) and (d);

(d) Have completed the continuing education requirements specified in Gal 403.01;

(e) Not have been suspended from any activity as a guardian ad litem in any jurisdiction other than New Hampshire under the circumstances described in Gal 303.01 (i);

(f) Not have had his or her application for license, certification, registration or approval to practice as a guardian ad litem denied in any jurisdiction other than New Hampshire on any basis that would constitute grounds for a denial of certification under RSA 490-C or the rules of the board, unless that denial was reversed, overturned on appeal or the ground for denial was subsequently superceded by the granting of an application;

(g) Never have had any certification, registration, approval or appointment as a guardian ad litem revoked in any jurisdiction other than New Hampshire under the circumstances described in Gal 303.01 (j);

(h) Never have had any certification, registration, approval or appointment as a guardian ad litem revoked in New Hampshire, by an entity other than the board, under the circumstances described in Gal 303.01 (k);

(i) Excluding the imposition of counseling or treatment under Gal 402.01(g) below, never have had sanctions or penalties imposed upon him or her by the board for more than two incidents, unless reversed or overturned on appeal;

(j) If the person has previously been assessed a penalty or sanction by the board, by agreement or otherwise, have fulfilled the terms of any such penalty or sanction, unless that penalty or sanction is pending on a request for reconsideration or other form of alteration by the board, is the subject of an appeal or was designed to continue beyond the date of the prior certification;

(k) Possess a current email address;

(l) Possess a current telephone number; and

(m) Have access to reliable transportation.

History

#8942, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16 (from Gal 401.10)

N.H. Code Admin. R. Ann. Gal 401.12 Temporary Certification for Purposes of Completion of Appointment {#sec-gal-401.12 omnilex-key=us-nh-regs-official--agency-gal--Gal 401.12}

(a) In addition to such other provisions regarding temporary certification noted in this chapter, the board shall temporarily certify a person if:

(1) The person:

a. Is a formerly certified guardian ad litem who was not the subject of a disciplinary proceeding or ongoing penalties or sanctions at the time his or her certification ended or at any time thereafter; and

b. Is currently serving as a guardian ad litem under an appointment by a New Hampshire court, including the New Hampshire judicial branch family division; or

(2) The person:

a. Is a currently certified guardian ad litem who:

Is not currently the subject of a disciplinary proceeding or ongoing penalties or sanctions; and
Does not plan to seek renewal of his or her certification and for that reason does not submit a timely renewal application, or does not fulfill the continuing education requirements for renewal; and

b. Is currently serving as a guardian ad litem under an appointment by a New Hampshire court, including the New Hampshire judicial branch family division.

(b) A person seeking temporary certification under (a) above shall submit the fee and a request for temporary certification which:

(1) Is in writing;

(2) Specifies the reason or reasons that temporary certification is required; and

(3) Specifies the duration of the requested temporary certification.

(c) Temporary certification under (a) above shall be for a period of not more than 2 years and 364 days or until such time as the appointment or appointments giving rise to the request for temporary certification ends, whichever is earlier.

(d) If the applicant is approved for temporary certification for the purpose of completing an appointment, the applicant shall:

(1) Not take any new cases during the temporary certification; and

(2) Notify the board once the case or cases are closed.

(e) If at the end of a temporary certification the applicant chooses to again seek certification he or she shall do so as a new applicant.

History

#8942, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 401.13 Qualifications for Reinstatement {#sec-gal-401.13 omnilex-key=us-nh-regs-official--agency-gal--Gal 401.13}

An applicant for reinstatement shall:

(a) Be seeking reinstatement after certification expiration, suspension or revocation;

(b) Fully complete and submit the reinstatement application form, and all required supporting documentation, including but not limited to the check referred to in Gal 401.10 (b);

(d) Make actual payment of the amount of the applicable fees specified in Gal 304.01(b) & (d);

(e) Have completed the continuing education requirements specified in Gal 403.01;

(f) Never have been suspended from any activity as a guardian ad litem in any jurisdiction other than New Hampshire under the circumstances described in Gal 303.01 (i);

(g) Never have had his or her application for license, certification, registration, or approval to practice as a guardian ad litem denied in any jurisdiction other than New Hampshire on any basis that would constitute grounds for a denial of certification under RSA 490-C or the rules of the board, unless that denial was reversed, overturned on appeal, or the ground for denial was subsequently superceded by the granting of an application;

(h) Never have had any certification, registration, approval, or appointment as a guardian ad litem revoked in any jurisdiction other than New Hampshire under the circumstances described in Gal 303.01 (j);

(i) Never have had any certification, registration, approval or appointment as a guardian ad litem revoked in New Hampshire, by an entity other than the board, under the circumstances described in Gal 303.01 (k);

(j) Excluding the imposition of counseling or treatment under Gal 402.01(g) below, never have had sanctions or penalties imposed upon him or her by the board for more than two incidents, unless reversed or overturned on appeal;

(k) If the person has previously been assessed a penalty or sanction by the board, by agreement or otherwise, have fulfilled the terms of any such penalty or sanction, unless that penalty or sanction is pending on a request for reconsideration or other form of alteration by the board, is the subject of an appeal or was designed to continue beyond the date of the prior certification;

(l) Possess a current telephone number;

(m) Have access to reliable transportation; and

(n) Possess a current email address.

History

#12010, eff 10-21-16

Part Gal 402 Revocation, Suspension and Other Sanctions

N.H. Code Admin. R. Ann. Gal 402.01 Types of Sanctions {#sec-gal-402.01 omnilex-key=us-nh-regs-official--agency-gal--Gal 402.01}

Pursuant to RSA 490-C: 4, I (f) and further subject to the provisions of RSA 490-C: 4, I (g), the penalties and sanctions which may be imposed upon presently certified guardians ad litem, and upon formerly certified guardians ad litem found to have engaged in acts or omissions prohibited when certified, shall include, either singly or in combination:

(a) Revocation of certification;

(b) Suspension of certification;

(c) Supplemental training, consisting of specified reading, the viewing of, or listening to, specified recordings, or attendance at specific live instruction which:

(1) Shall be related to the subject matter of the infraction charged;

(2) Shall be above and beyond the normal continuing educational requirements established by these rules; and

(3) Shall be paid for at the expense of the guardian ad litem charged, regardless of whether or not such training would normally qualify for continuing education credit under these rules;

(d) Supervised training, consisting of specified in-person instruction by a certified New Hampshire guardian ad litem which:

(1) Shall be related to the subject matter of the infraction charged;

(2) Shall be above and beyond the normal continuing educational requirements established by these rules; and

(3) Shall be paid for at the expense of the guardian ad litem charged, regardless of whether or not such training would normally qualify for continuing education credit under these rules;

(e) Supplemental education, consisting of a specified course, or specified courses, above and beyond the normal continuing educational requirements established by these rules, which shall:

(1) Relate to the subject matter of the infraction charged;

(2) Be of a nature that would, under normal circumstances, qualify for continuing education credit under these rules; and

(3) Be paid for at the expense of the guardian ad litem charged;

(f) A fine;

(g) Treatment and counseling, including but not limited to specified treatment and counseling for alcohol and substance abuse, which shall consist of one or more of the following, at the expense of the guardian ad litem charged:

(1) Consultation and treatment with a mental health professional regarding the guardian ad litem’s reason for engaging in the infraction;

(2) Consultation with an alcohol and other drug abuse professional certified under RSA 330-C; or

(3) Attendance at Alcoholics Anonymous, Narcotics Anonymous, or similar meetings that provide assistance to individuals in addressing sobriety or dependency issues;

(h) Written reprimand, consisting of a written communication from the board or its authorized representative to the person charged with a violation explaining the nature of the infraction and the board’s findings; and

(i) Voluntary resignation of certification in lieu of revocation.

History

#8942, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 402.02 Standard for Imposition of Penalties and Sanctions {#sec-gal-402.02 omnilex-key=us-nh-regs-official--agency-gal--Gal 402.02}

(a) In determining whether or which sanctions or penalties to impose in a particular case, the board shall:

(1) Consider whether extenuating circumstances exist pursuant to Gal 503.01 (e); and

(2) In the absence of extenuating circumstances, consider the following when determining the penalty or sanction, or the combination of penalties or sanctions, to be imposed:

a. The nature and magnitude of the infraction, including the nature of the harm that was, or may have been, caused by the act or omission at issue;

b. Whether a particular penalty is prescribed by the rules of the board;

c. The particular circumstances relating to the act or omission at issue;

d. The probable reason or reasons for the act or omission;

e. The person’s past history of discipline, sanction or penalty, if any, imposed by the board, or by any other entity charged with overseeing the conduct of the person charged;

f. Whether the person has cooperated with any investigation into the matter under consideration; and

g. Whether the person may have violated the ethical standard and standard of practice set forth at Gal 503.02 (a), relating to acting in the best interests of the recipient of services.

(b) In cases in which a penalty or sanction is to be imposed, the board shall impose such penalty or sanction, or combination of penalties and sanctions, as it concludes:

(1) Takes into account the factors set forth in (a) (2) above;

(2) Will likely:

a. Convey to the person the importance of adhering to the requirements of the rule or law violated, or rules and laws generally; or

b. Assist the person in conforming his or her future conduct to the requirements of rules or law, either in general or as they relate to the functions of guardians ad litem;

(3) Will likely serve as a general deterrent to the commission of a similar violation by other persons in the future;

(4) Is or are not disproportionate to the magnitude of the act or omission at issue;

(5) Will likely be perceived by the general public as fair in light of the particular circumstances of the offense; and

(6) Will not, if imposed, be likely to increase a risk of harm to the health, safety, welfare, or best interests of any recipient of services or potential recipient of services.

History

#8942, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 402.03 Revocation of Certification {#sec-gal-402.03 omnilex-key=us-nh-regs-official--agency-gal--Gal 402.03}

(a) In cases in which the board concludes that revocation is the penalty that must be imposed by these rules, the board shall impose, in addition to revocation, such additional penalties or sanctions, if any, as it concludes are required under the standards set forth in Gal 402.02.

(b) Absent a finding of extenuating circumstances under Gal 503.01 (e), the board shall impose the sanction of revocation of certification if:

(1) The revocation was included as part of a settlement or agreement with the guardian ad litem;

(2) The board finds that it is more likely than not that the person:

a. Does not possess the qualifications set forth in RSA 490-C or the rules of the board, other than those requirements relating to continuing education;

b. Has made fraudulent, intentionally deceitful, or false statements to the board when applying for any certification, recertification or renewed or reinstated certification, or in any other document or oral communication submitted or made to the board;

c. Has failed to comply with other sanctions or penalties imposed upon him or her by the board as required;

d. Has committed a violation for which sanctions or penalties must be imposed and the person has previously had his or her certification suspended by the board on 2 other occasions in the past, including but not limited to suspensions for failure to abide by continuing education requirements; or

e. Has been involved in a new incident for which sanctions or penalties must be imposed and the person has previously had sanctions or penalties, other than the imposition of counseling or treatment under Gal 402.01(g), imposed upon him or her by the board for two prior incidents, unless reversed or overturned on appeal; or

(3) The board finds that no penalty other than revocation, with or without additional sanctions, is suitable under the standard set forth in Gal 402.02.

(c) The board shall conditionally certify a formerly certified guardian ad litem for the purposes of imposing a disciplinary revocation of certification, whether or not the person meets the qualifications of Gal 303.01 or Gal 401.10, when the board concludes that, while certified, the guardian ad litem engaged in acts or omissions for which revocation of certification is the penalty that must be imposed under paragraph (b) above or Gal 402.02.

(d) Conditional certification for the purposes of disciplinary revocation under paragraph (c) above shall:

(1) Not preclude the imposition of additional sanctions, either before or after revocation, under the standards set forth in Gal 402.02;

(2) Be solely for the purposes of imposing the sanction of revocation;

(3) Not be construed or represented by the person conditionally certified as a conclusion by the board that the person so conditionally certified meets the qualifications of Gal 303.01 or Gal 401.11; and

(4) Expire immediately upon the imposition of the sanction of revocation.

History

#8942, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 402.04 Suspension of Certification {#sec-gal-402.04 omnilex-key=us-nh-regs-official--agency-gal--Gal 402.04}

(a) In cases in which the board concludes that suspension is the penalty that must be imposed under these rules, the board shall impose, in addition to suspension, such additional penalties or sanctions, if any, as it concludes are required under the standards set forth in Gal 402.02.

(b) Absent a finding of extenuating circumstances under Gal 503.01 (e), the board shall impose the sanction of suspension of certification if:

(1) The suspension was included as part of a settlement or agreement with the guardian ad litem;

(2) The board finds that it is more likely than not that the guardian ad litem has not completed the applicable continuing education requirements specified in this chapter, unless:

a. In accordance with Gal 403.01(i), the board grants an alteration of time in which to complete those requirements and the person complies with the alteration granted; or

b. The person has had a suspension imposed for failure to complete continuing education requirements within the specified or altered time period on two other occasions in the past, in which case the penalty shall be revocation under Gal 402.03 (b) 2. d.; or

(3) The board finds that no penalty other than suspension, with or without additional sanctions, is suitable under the standard set forth in Gal 402.02.

History

#8942, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 402.05 Alternative to Suspension in Cases Involving a Formerly Certified Guardian ad Litem {#sec-gal-402.05 omnilex-key=us-nh-regs-official--agency-gal--Gal 402.05}

In the case of a formerly certified guardian ad litem found to have engaged in acts or omissions for which suspension of certification would otherwise be imposed, the penalty shall instead be any combination of:

(a) A written reprimand;

(b) A fine; and

History

#8942, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 402.06 Length of Suspensions and Amount of Fine {#sec-gal-402.06 omnilex-key=us-nh-regs-official--agency-gal--Gal 402.06}

(a) In the case of a suspension for failure to complete continuing education requirements specified by this chapter, the suspension shall continue until such time as:

(1) The person suspended submits to the board written documentation satisfying the requirements of Gal 403.09, to show completion of the required continuing education; and

(2) The board concludes that:

a. The continuing education claimed meets the requirements of Gal 403 that are applicable to the person’s situation;

b. The person is otherwise qualified; and

c. No further period of suspension is warranted under the standard set forth at Gal 402.02 (b).

(b) In cases other than (a) above, the period of a suspension imposed by the board shall be for such period as the board concludes meets the requirements of Gal 402.02 (b), but in no event for longer than 2 years and 364 days per offense.

(c) A fine imposed by the board shall be in such amount as the board concludes meets the requirements of Gal 402.02 (b), but shall not exceed the amount of $1,500 per offense.

History

#8942, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

Part Gal 403 Continuing Education

N.H. Code Admin. R. Ann. Gal 403.01 Continuing Education Requirements {#sec-gal-403.01 omnilex-key=us-nh-regs-official--agency-gal--Gal 403.01}

(a) Guardians ad litem requesting renewal of an existing certification, shall complete at least 30 continuing education credits within the expiring period of certification that gave rise to the request for renewal.

(b) A certified or previously certified person who has entered into a settlement or agreement with the board that includes a specification of continuing education credit that is to be completed shall complete continuing education credits as required by the settlement or agreement.

(c) A formerly certified person requesting reinstatement of a certification that has expired or been suspended or revoked shall complete at least 30 continuing education credits as described in Gal 403.02 and Gal 403.03 within the 3-year period prior to the request for reinstatement.

(d) All continuing education shall be completed in the periods specified in these rules, except that:

(1) In accordance with paragraph (i) below, a person may request alteration of the time in which continuing education credits may be completed, which altered period, if allowed by the board, shall substitute for the normal period of time in which to complete continuing education requirements; and

(2) Where a person has earned continuing education credits in the 90 days prior to the expiration of a period of certification and those credits are not otherwise claimed, the credits may be utilized toward the continuing education requirement for the renewal period beginning 3 years after the period of certification in which the credits were earned.

(e) Excess credits earned shall not be carried over into any other period for which continuing education is required, except as provided in paragraph (d) above.

(f) Applicants requesting renewal of an existing certification shall complete continuing education credits prior to any period of temporary certification under Gal 401.01 (c) and (d), unless otherwise allowed by the board pursuant to paragraph (i) below.

(g) Activities in which an individual is engaged in order to fulfill a sanction or penalty imposed by the board, other than those specifically taken to complete a suspension imposed for failure to complete continuing education requirements, shall not be counted toward credit for continuing education.

(h) Only those activities qualifying for continuing education credits under Gal 403.02 and Gal 403.03, or those activities qualifying for continuing education credit under Gal 403.05 and approved under Gal 403.06 shall be claimed as continuing education credits.

(i) The board shall alter the time in which continuing education credits shall be completed:

(1) Upon request of a person wishing to obtain an alteration, if:

a. The person wishing to obtain the alteration submits to the board a signed, written request that:

Explains the reasons he or she believes that an alteration is necessary; and
Specifies the length or nature of the alteration requested; and

b. The board concludes that:

The person was or will be unable to complete the required number of continuing education credits within the applicable time period;
The person’s inability to complete the required credits within the applicable period was or is due to circumstances which were or are beyond the control of the applicant, other than a mistaken belief as to the requirements of this chapter; and
It is likely that all required credits will be completed within the requested time period or such period specified by the board in its order relative to the alteration; or

(2) If, in the absence of a specific request for alteration, the board concludes that to do so is necessary either:

a. Under the standard set forth in (1) b. above; or

b. To effectively implement the provisions of this chapter;

(j) A person who has been granted an alteration of time periods under (i) above shall be deemed temporarily certified if:

(1) To do so is necessary in order to avoid a denial of certification on the basis that the person has failed to fulfill continuing education requirements; and

(2) The person is otherwise qualified.

(k) Temporary certification under (j) above shall remain in effect only for the altered time period specified by the board.

(l) A person who, under (i) above, has been granted additional time in which to complete continuing education credits shall submit to the board written documentation, as described in Gal 403.08 (b) (1) through (8) and (10), of the completion of those credits on or before the close of the period of extension.

(m) No more than 75% of the total continuing education credits claimed by a guardian ad litem in any one period may consist of credit for service as an instructor under Gal 403.03 (e), or (g), or any combination of those paragraphs.

History

#8942, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 403.02 Nature of Continuing Education {#sec-gal-403.02 omnilex-key=us-nh-regs-official--agency-gal--Gal 403.02}

Continuing education claimed for credit shall:

(a) Relate to activities that are undertaken by guardians ad litem in the state of New Hampshire;

(b) Except as may be allowed pursuant to Gal 403.03 (d) or (e) below, not simply involve independent reading or study by the person claiming the credit;

(d) Not simply involve the experience of actual service as a guardian ad litem; and

(e) Accomplish one or more of the following objectives:

(1) Update or enhance the professional knowledge, skill, or competence of the guardian ad litem; or

(2) Provide the guardian ad litem with opportunities for professional growth and development specifically related to guardian ad litem practice.

History

#8942, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 403.03 Specific Activities Qualifying for Continuing Education Credits {#sec-gal-403.03 omnilex-key=us-nh-regs-official--agency-gal--Gal 403.03}

The board shall accept the following activities in fulfillment of the continuing education requirement of these rules:

(a) Attending a training session described in Gal 303.02 (b) (1) or (c), in addition to the training sessions taken in fulfillment of the requirements for initial certification, which shall qualify for a number of credits equivalent to the actual number of hours, or portion of an hour, of attendance;

(b) Attending a review course on general or area specific guardian ad litem activity as specified in Gal 403.07, which shall qualify for a number of credits equivalent to the number of hours, or portion of an hour, of actual attendance;

(c) Attending a training session which has been approved by the board for continuing education credits under Gal 403.04, which shall qualify for a number of credits equivalent to the number of hours, or portion of an hour, of actual attendance;

(d) Attending a class or course of instruction, or engaging in an activity, approved for continuing legal education credit under New Hampshire supreme court rule 53 that the board concludes meets the requirements of Gal 403.02 (a), (c), (d) and (e), which shall qualify for a number of credits equivalent to the number of credit hours that would be allowed if submitted by an attorney for the purposes of continuing legal education;

(e) Serving as an instructor in a class or course of instruction approved for continuing legal education credit under New Hampshire supreme court rule 53 that the board concludes meets the requirements of Gal 403.02 (a), (c), (d) and (e), which shall qualify for a number of credits equivalent to the number of credit hours that would be allowed if submitted by an attorney for the purposes of continuing legal education;

(f) Completing, with a grade of B or better, a college or university class, or college or university course, that the board concludes meets the requirements of Gal 403.02 (a) through (e), which shall qualify for a number of credits equivalent to the number of hours, or portion of an hour, of actual attendance in the class or course;

(g) Serving as an instructor in a college or university class, or college or university course, that the board concludes meets the requirements of Gal 403.02 (a) through (e), which shall qualify for a number of credits that is equivalent to 2 times the number of hours, or portion of an hour, spent in actual classroom instruction; and

(h) Serving as a presiding officer or investigator in matters before the board, which shall qualify for 10 continuing education credits for each matter assigned.

History

#8942, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, , EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 403.04 Training Approved as Qualifying for Continuing Education Credits {#sec-gal-403.04 omnilex-key=us-nh-regs-official--agency-gal--Gal 403.04}

(a) A person or entity wishing to provide training for certified guardians ad litem which would qualify for continuing education credit under 403.03 (c) shall submit to the board a petition for approval of the training to be offered.

(b) A petition under (a) above shall:

(1) Be in writing;

(2) Be submitted to the board at least 120 days before the anticipated date of the training that the applicant wishes to offer;

(3) Request approval of specific training to be offered on a specific date, or on specific dates, that is or are not more than one and one half years in the future;

(4) Contain the following information about the training:

a. A detailed description of the activity and the subject areas to be covered, together with a description of written materials that will be utilized in the training;

b. The date or dates on which the training will be conducted, together with alternative dates that may be utilized in the case of cancellation;

c. The name and address of the organization, entity, individual, or individuals sponsoring the activity, together with:

If an organization or entity, a description of the organization or entity and its purpose; and
If an individual or individuals, a curriculum vitae of the person or persons;

d. A description, in the form of a curriculum vitae, of the professional qualifications of the person or persons, if any, presenting the activity, or of any and all persons who may present the activity;

e. A summary of the reasons that the activity is believed to qualify for continuing education credit under the standards set forth in Gal 403.02;

f. The number of continuing education credits sought to be allowed for those who attend the full training, together with a description of the method by which that number was calculated; and

g. The price, if any, that will be charged for the training;

(5) Have attached thereto such additional supporting material as the petitioner believes will enable the board to reach a determination regarding whether the training meets the criteria set forth in Gal 403.02, such as a syllabus or course handouts; and

(6) Contain the name, address, telephone number, position within the sponsoring organization, if any, and signature of the person submitting the petition.

(c) The board, through its personnel, representative, or staff, shall, within 60 days of the receipt of the material specified in paragraph (a) and (b) above, notify the petitioner if the petition is incomplete or if the board requires additional information or material for the purpose of assessing the petition.

(d) If, within 45 days of the issuance of a notification by the board under (c) above, the petitioner does not submit the information or material requested, the board shall deny the petition.

(e) Within 120 days of receiving the petition, actual payment of the required fee and all material and information, if any, requested under paragraph (c) above, the board shall either approve or deny the petition.

(f) The board shall approve a petition if:

(1) The petition meets the requirements of (b) above;

(2) The board concludes that the proposed training is of the nature described in Gal 403.02 above; and

(3) The board concludes that the number of credits proposed is equivalent to the number of hours, or portion of an hour, that the activity will entail.

(g) Training approved under this section attended by a certified guardian ad litem shall be accepted by the board as qualifying for continuing education credit.

(h) Approval of training under this section shall not constitute a determination that similar activities conducted at a time, or by persons or entities, other than those specified in the petition will likewise be approved.

(i) Training approved under this section shall be valid for 2 years from the course date.

History

#8942, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 403.05 Additional Activities Qualifying for Continuing Education Credits {#sec-gal-403.05 omnilex-key=us-nh-regs-official--agency-gal--Gal 403.05}

(a) The board shall accept activities in addition to those specified under Gal 403.03 above in fulfillment of the continuing education requirement if the board finds that the activities:

(1) Have been submitted for approval under, and are in conformity with, Gal 403.06;

(2) Were undertaken or will be, and actually are, undertaken by the person claiming the credit within the time periods specified in these rules; and

(3) Are of the nature described in Gal 403.02 above.

(b) The board shall assign a number of credits equal to the number of hours, or portion of an hour, of actual engagement in an activity approved under Gal 403.06.

History

#8942, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 403.06 Procedure for Obtaining Approval for Unlisted Activities {#sec-gal-403.06 omnilex-key=us-nh-regs-official--agency-gal--Gal 403.06}

(a) Activities other than those specified in Gal 403.03 above shall not be approved for continuing education credit unless the board concludes that such activity meets the criteria for continuing education credit under Gal 403.02.

(b) Requests for approval to claim activities other than those specified in Gal 403.03 for continuing education credit shall be:

(1) In writing; and

(2) Submitted by the person wishing to claim the credit.

(1) A detailed description of the activity and the subject areas covered or to be covered;

(2) The date or dates on which the activity was or will be conducted;

(3) The name and address of the organization, entity, individual, or individuals sponsoring the activity, together with:

a. If an organization or entity, a description of the organization or entity and its purpose; or

b. If an individual or individuals, a curriculum vitae of the person or persons;

(4) A description of the professional qualifications of the person or persons presenting the activity;

(5) A summary of the reasons that the activity is believed to qualify for continuing education credit under the standards set forth in Gal 403.02;

(6) The number of continuing education hours sought to be credited; and

(7) A copy of the agenda, brochure, or list of presenters and their credentials.

(d) Approval by the board of an activity not listed in Gal 403.03 shall constitute approval for the person making the request to list the particular activity as qualifying for continuing education credit and shall not constitute either:

(1) A determination that the person has in fact engaged in the activity, if the activity approved has not yet occurred;

(2) Approval for persons other than the individual making the request to list the particular activity as one qualifying for continuing education; or

(3) A determination that similar activities conducted at another time are or will likewise be approved.

History

#8942, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 403.07 Content of Review Courses Used for Continuing Education Credit {#sec-gal-403.07 omnilex-key=us-nh-regs-official--agency-gal--Gal 403.07}

(a) A review course on general guardian ad litem activity shall:

(1) Be a single course of study consisting of at least 5 hours of training commissioned by the board under RSA 490-C:4, II (a) or offered by the board;

(2) Encompass instruction on primary issues and on recent developments, if any, in areas which are the subject of initial guardian ad litem training under Gal 303.02 (b) (1); and

(3) Include training in at least the following areas:

a. Statutory and case law developments, if any, relating to the role of guardians ad litem in New Hampshire or the types of cases to which guardians ad litem may be appointed;

b. Developments, if any, in court rules, procedures, practices, and guidelines relating to guardians ad litem in New Hampshire or the types of cases to which guardians ad litem may be appointed;

c. Developments, if any, in rules, procedures, and operations of the guardian ad litem board; and

d. Professionalism in guardian ad litem practice, including the codes of ethics, standards of practice, and other ethical rules which may apply to individuals serving as guardians at litem in New Hampshire.

(b) A review course on area-specific guardian ad litem activity shall:

(1) Be a single course of study consisting of at least 5 hours of training, commissioned by the board under RSA 490-C:4, II (a) or offered by the board;

(2) Encompass instruction on primary issues and on recent developments, if any, in areas which are the subject of initial guardian ad litem training under Gal 303.02 (c); and

(3) Include training in at least the area of professionalism in guardian ad litem practice, including the codes of ethics, standards of practice, and other ethical rules which may apply to individuals serving as guardians at litem in New Hampshire.

History

#8942, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 403.08 Mentoring as Continuing Education {#sec-gal-403.08 omnilex-key=us-nh-regs-official--agency-gal--Gal 403.08}

(a) Certified Guardians ad litem may qualify for up to 8 hours annually of CEUs for time spent allowing a prospective guardian ad litem shadow them in the course of their court work.

(b) Applicants for recertification seeking to so qualify such shadowing shall, on a separate form provided by the board with the preprinted heading “Mentor Shadow Training”, provide the following information:

(1) The dates and times of the mentor shadowing;

(2) The court in which the mentor shadowing was completed;

(3) The types of cases that were mentor shadowed;

(4) The name and signature of the shadowing prospective guardian ad litem;

(5) The name, signature, and title of a court employee verifying your mentor shadowing; and

(6) The applicant’s signature certifying that he or she has completed this aspect of the training.

History

#8942, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 403.09 Retention of Continuing Education Records by Guardians ad Litem {#sec-gal-403.09 omnilex-key=us-nh-regs-official--agency-gal--Gal 403.09}

All certified and formerly certified 1guardians ad litem shall retain in their possession, for a period of 3 years after claiming a particular activity for continuing education credit, such documentation as will likely serve to verify:

(a) That the activity is of the nature described in Gal 403.02;

(b) The number of credits claimed; and

(c) The person’s actual attendance at or participation in the activity within the applicable time period set forth in these rules.

History

#8942, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

Part Gal 404 Ongoing Requirements

N.H. Code Admin. R. Ann. Gal 404.01 Updating of Information and Provision of Information Upon Request of the Board {#sec-gal-404.01 omnilex-key=us-nh-regs-official--agency-gal--Gal 404.01}

(a) A guardian ad litem currently certified by the board shall notify the board within 30 days of any change in:

(1) His or her name;

(2) The address of his or her guardian ad litem business;

(3) The mailing address of his or her guardian ad litem business;

(4) His or her residence address;

(5) Telephone number of his or her guardian ad litem business;

(6) His or her home telephone number; or

(7) E-mail address of his or her guardian ad litem business.

(b) The board shall request information updating, confirming or clarifying any document, writing, or representation previously submitted or made to it by a certified or formerly certified guardian ad litem when it concludes that:

(1) It possesses information suggesting that a document, writing or representation submitted or made to it may be inaccurate, false, or misleading; or

(2) A document, writing, or representation made to it cannot be accurately understood absent further information.

(c) In accordance with Gal 503.17 (c), a certified or formerly certified guardian ad litem subject to the rules of the board shall, upon request of the board under (b) above, provide information updating, confirming or clarifying any document, writing or representation previously submitted or made to the board.

History

#8942, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 404.02 Resignation or Surrender of Certification {#sec-gal-404.02 omnilex-key=us-nh-regs-official--agency-gal--Gal 404.02}

(a) Requests to resign or surrender certification shall be effective only upon acceptance by the board.

(b) Other than as part of a settlement or agreement with the board, a certified guardian ad litem shall not surrender his or her certification, nor resign his or her certification when he or she:

(1) Is subject to, or has reason to believe that he or she is likely to be subject to, a complaint of misconduct; or

(2) Is subject to, or has reason to believe that he or she is likely to be subject to, sanctions or penalties imposed by the board.

(1) Be in writing;

(2) Be signed by the guardian ad litem;

(3) State the reason or reasons for the resignation or surrender;

(4) Except in the case of a resignation of surrender that is part of a settlement or agreement with the board, state that the person seeking to resign or surrender certification:

a. Is not subject to, and has no reason to believe that he or she is likely to be subject to, a complaint of misconduct; and

b. Is not subject to, and has no reason to believe that he or she is likely to be subject to, sanctions or penalties imposed by the board; and

(5) State that the person seeking to resign or surrender certification understands that a formerly certified guardian ad litem may be subject to disciplinary procedures, penalties, and sanctions for engaging in acts or omissions prohibited when certified.

(d) The board shall accept a resignation or surrender of certification either:

(1) When it is part of a settlement or agreement with the board; or

(2) When:

a. The request to resign or surrender certification meets the requirements of (c) above; and

b. The board does not possess facts suggesting that the resignation or surrender is contrary to (b) above.

(e) A person who has previously resigned or surrendered his or her certification as a guardian ad litem may seek to again obtain reinstatement in accordance with Gal 401.04.

History

#8942, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 404.03 Applicability of Qualification Provisions {#sec-gal-404.03 omnilex-key=us-nh-regs-official--agency-gal--Gal 404.03}

(a) To the extent that the provisions of Gal 300 relative to qualifications for certification may change during the term of a guardian ad litem’s initial period of certification, he or she shall not be deemed unqualified during that period if he or she meets the qualifications that were in effect at the time he or she was initially certified.

(b) A guardian ad litem seeking renewal of certification or reinstatement of certification shall meet the qualifications for renewal or reinstatement that are in effect at the time of that application for renewal or reinstatement.

APPENDIX

RULE

STATUTE

Gal 401.01

RSA 490-C: 1: RSA 541-A: 16, I (b); RSA 490-C: 4, I (c), (f);

RSA 490-C: 4, II (d), (e); RSA 490-C: 5, I (a), (c), (j);

RSA 490-C: 5-a, I; RSA 490-C: 5, II (a), (g); RSA 490-C: 5-a

Gal 401.02

RSA 490-C: 1; RSA 490-C: 4, I (c); RSA 490-C: 5, I (a), (c);

RSA 490-C: 5-a, I; RSA 541-A: 31, V (a); RSA 541-A: 16, I (b)

Gal 401.03

RSA 490-C: 4, I (c); RSA 490-C: 5, I (a), (b), (c), (f); RSA 541-A: 16, I (b);

RSA 541-A: 29

Gal 401.04

RSA 490-C: 1; RSA 490-C: 4, I (c); RSA 490-C: 5, I (a), (b), (c), (f);

RSA 490-C: 5-a, I; RSA 541-A: 16, I (b); RSA 541-A: 31, V (a)

Gal 401.05

RSA 490-C: 1; RSA 490-C: 4, I (c); RSA 490-C: 5, I (a), (b), (c), (f);

RSA 490-C: 5-a, I; RSA 541-A: 16, I (b); RSA 541-A: 31, V (a)

Gal 401.06

RSA 490-C: 1; RSA 490-C: 4, I (c), (f); RSA 490-C: 5, I (a), (b), (c), (d), (f) (j); RSA 490-C: 5-a, I; RSA 541-A: 16, I (b); RSA 541-A: 31, V (a)

Gal 401.07 – 401.08

RSA 490-C: 1; RSA 490-C: 4, I (c), (d), (e), (f); RSA 490-C: 4, II (e), (g); RSA 490-C: 5, I (a), (b), (c), (d), (e), (g), (j); RSA 490-C: 5, II (c);

RSA 490-C: 5-a, I; RSA 490-C: 5-b; RSA 490: 26-g; RSA 641: 3

Gal 401.09

RSA 490-C: 1; RSA 490-C: 4, I (c), (d), (e), (f); RSA 490-C: 4, II (e), (g); RSA 490-C: 5, I (a), (c), (d), (e), (g), (j); RSA 490-C: 5, II (c);

RSA 490-C: 5-a; RSA 490-C: 5-b

Gal 401.10

RSA 490-C: 1; RSA 490-C: 4, I (c), (d), (e), (f); 490-C: 5, I (a), (c), (d), (e), (g), (j); RSA 490-C: 5-a

Gal 401.10 (a)

RSA 490-C: 4, I (c); RSA 490-C: 5, I (a), (c); RSA 541-A:29;

RSA 490-C: 5-a, I; RSA 541-A: 16, I (b)

Gal 401.11

RSA 490-C: 1; RSA 490-C: 4, I (c), (d), (e), (f); 490-C: 5, I (a), (c), (d), (e), (g), (j); RSA 490-C: 5-a

Gal 401.12

RSA 490-C: 1; RSA 490-C: 4, I (d); RSA 490-C: 4, II (b), (c);

RSA 490-C: 5, I (e); RSA 490-C: 5, II (a); RSA 490-C: 5-a, IV;

RSA 541-A: 16, I (b)

Gal 401.13

RSA 490-C: 1; RSA 490-C: 4, I (c), (d), (e), (f);

490-C: 5, I (a), (c), (d), (e), (g), (j); RSA 490-C:5-a

Gal 402.01

RSA 490-C: 1; RSA 490-C: 4, I (e), (f), (g); RSA 490-C: 4, II (j);

RSA 490-C: 5, I (g), (j); RSA 490-C: 5, II (g); RSA 490-C: 5-a, I, IV;

RSA 541-A: 16, I (b)

Gal 402.02

RSA 490-C: 1; RSA 490-C: 4, I (e), (f), (g); RSA 490-C: 4, II (j);

RSA 490-C: 5, I (g), (j); RSA 490-C: 5, II (g); RSA 490-C: 5-a, I, IV;

RSA 541-A: 7

Gal 402.03

RSA 490-C: 1; RSA 490-C: 4, I (c), (d), (e), (f), (g); RSA 490-C: 4, II (c), (j); RSA 490-C: 5, I (c), (d), (e), (g) (j); RSA 490-C: 5, II (a), (g);

RSA 490-C: 5-a, I, IV; RSA 541-A:38

Gal 402.04 – Gal 402.05

RSA 490-C: 1; RSA 490-C: 4, I (d), (e), (f), (g); RSA 490-C: 4, II (j);

RSA 490-C: 5, I (d), (e), (g) (j); RSA 490-C: 5, II (g); RSA 541-A:38

Gal 402.06

RSA 490-C: 1; RSA 490-C: 4, I (c), (d), (f); RSA 490-C: 4, II (j);

RSA 490-C: 5, I (j); RSA 490-C: 5, II (g); RSA 490-C: 5-a, II;

RSA 541-A: 7; NH CONST. Part. I, Article 20

Gal 403.01

RSA 490-C: 1; RSA 490-C: 4, I (c), (d); RSA 490-C: 4, II (c, (e);

RSA 490-C: 5, I (a), (c), (e); RSA 490-C: 5, II (a), (c); RSA 490-C: 5-a, I, IV; RSA 541-A: 16, I (b); RSA 541-A: 38; RSA 541-A: 22, IV

Gal 403.02

RSA 490-C: 1; RSA 490-C: 4, I (c), (d); RSA 490-C: 5, I (c), (e);

RSA 490-C: 5-a, I; RSA 541-A: 7

Gal 403.03

RSA 490-C: 1; RSA 490-C: 4, I (c), (d); RSA 490-C: 4, II (a);

RSA 490-C: 5, I (a), (c), (d), (e); RSA 490-C: 5-a, I; RSA 541-A:7

Gal 403.04

RSA 490-C: 1; RSA 541-A: 16, I (b); RSA 490-C: 4, I (d);

RSA 490-C: 4, II (a), (d); RSA 490-C: 5, I (d), (e); RSA 490-C: 5, II (b);

RSA 541-A: 7; RSA 490-C: 5-a, I

Gal 403.05 – Gal 403.06

RSA 490-C: 1; RSA 490-C: 4, I (c), (d); RSA 490-C: 5, I (a), (c), (d), (e);

RSA 490-C: 5-a, I; RSA 541-A: 16, I (b)

Gal 403.07

RSA 490-C: 1; RSA 490-C: 4, I (d); RSA 490-C: 5, I (d) (e);

RSA 490-C: 5-a; RSA 490-C: 4, II (a)

Gal 403.08 – Gal 403.09

RSA 490-C: 1; RSA 541-A: 16, I (b); RSA 490-C: 4, I (d);

RSA 490-C: 4, II (e); RSA 490-C: 5, I (e); RSA 490-C: 5, II (c);

RSA 490-C: 5-a, I

Gal 404.01

RSA 490-C: 1; RSA 541-A: 16, I (b); RSA 490-C: 4, I (e);

RSA 490-C: 4, II (e); RSA 490-C: 5, I (b); RSA 490-C: 5, II (c);

RSA 490-C: 5-a

Gal 404.02

RSA 490-C: 1; RSA 541-A: 16, I (b); RSA 490-C: 4, I, (e), (f);

RSA 490-C: 4, II (e), (i); RSA 490-C: 5, I (g), (j);

RSA 490-C: 5, II (c), (e), (f); RSA 490-C: 5-a; RSA 541-A: 38

Gal 404.03

RSA 490-C: 1; RSA 490-C: 4, I (c) (f); RSA 490-C: 5, I (c), (d), (e);

RSA 490-C: 5-a; RSA 541-A: 16, I (b); RSA 541-A: 14, IV;

RSA 541-A: 16, III

History

#8942, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

Chapter Gal 500 Ethical Standards and Standards of Practice

Part Gal 501 Purpose and Scope

N.H. Code Admin. R. Ann. Gal 501.01 Purpose {#sec-gal-501.01 omnilex-key=us-nh-regs-official--agency-gal--Gal 501.01}

The purpose of this chapter is to:

(a) Inform guardians ad litem certified in New Hampshire of certain requirements of their roles when appointed to a case by a court;

(b) Inform members of the public of the ethical standards and standards of practice applicable to guardians ad litem certified in New Hampshire; and

(c) Establish ethical standards and standards of practice to maintain a high standard of integrity and professionalism in the activities of guardians ad litem certified in this state.

History

#8941, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 501.02 Scope {#sec-gal-501.02 omnilex-key=us-nh-regs-official--agency-gal--Gal 501.02}

These rules shall be binding upon:

(a) Every person who holds board certification of any type as a guardian ad litem in the state of New Hampshire; and

(b) In accordance with RSA 490-C:4, I (e), formerly certified guardians ad litem alleged to have engaged in acts or omissions prohibited when certified.

History

#8941, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

Part Gal 502 Definitions

N.H. Code Admin. R. Ann. Gal 502.01 Appointing court {#sec-gal-502.01 omnilex-key=us-nh-regs-official--agency-gal--Gal 502.01}

“Appointing court” means a court which appoints a guardian ad litem to serve in a particular case.

History

#8941, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 502.02 Central registry of founded abuse and neglect reports {#sec-gal-502.02 omnilex-key=us-nh-regs-official--agency-gal--Gal 502.02}

“Central registry of founded abuse and neglect reports” means the registry established under RSA 169-C:35.

History

#8941, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 502.03 Constituent {#sec-gal-502.03 omnilex-key=us-nh-regs-official--agency-gal--Gal 502.03}

“Constituent” means a person who is a resident of a community represented by an elected official.

History

#8941, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 502.04 Elected official {#sec-gal-502.04 omnilex-key=us-nh-regs-official--agency-gal--Gal 502.04}

“Elected official” means any person who has been elected to a public office of any type, whether at the local, school district, county, state, federal, or any other level.

History

#8941, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 502.05 Frivolous {#sec-gal-502.05 omnilex-key=us-nh-regs-official--agency-gal--Gal 502.05}

“Frivolous” means without merit and without a good faith justification in fact, allegations of fact, law, or reason.

History

#8941, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 502.06 Good faith {#sec-gal-502.06 omnilex-key=us-nh-regs-official--agency-gal--Gal 502.06}

“Good faith” means a subjective state of mind or a set of circumstances involving an honest belief that is:

(a) Based upon reason and facts or allegations of fact; and

(b) Not formed to accomplish a violation of the law, to advance a malicious objective, or to advance an objective that is not allowed by law.

History

#8941, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 502.07 Party {#sec-gal-502.07 omnilex-key=us-nh-regs-official--agency-gal--Gal 502.07}

“Party” means a person or entity against or by whom a civil, criminal, equity or other court proceeding of any type is directly brought or maintained, or who intervenes in such proceeding and is granted the status of a party, and not the attorney of that person or entity.

History

#8941, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 502.08 Publicly-funded case {#sec-gal-502.08 omnilex-key=us-nh-regs-official--agency-gal--Gal 502.08}

“Publicly-funded case” means a case in which the costs or expenses of one or more of the parties are paid by the state, or any political subdivision of the state, whether or not those costs or expenses are subsequently reimbursed.

History

#8941, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 502.09 Specific court {#sec-gal-502.09 omnilex-key=us-nh-regs-official--agency-gal--Gal 502.09}

“Specific court” means the particular court that hears cases arising in a defined geographical area, such as a particular superior court which hears cases that arise in a particular county, for example, the Superior Court of Merrimack County, or a particular district court hearing cases that arise in a particular municipality or group of municipalities, for example, the Claremont District Court.

History

#8941, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 502.10 Writing {#sec-gal-502.10 omnilex-key=us-nh-regs-official--agency-gal--Gal 502.10}

“Writing” means a hard-copy paper document, an e-mail, a facsimile transmission, or an electronic communication of words in other than an oral format, which can be printed onto paper.

History

#8941, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

Part Gal 503 General Ethical Standards and Standards of Practice

N.H. Code Admin. R. Ann. Gal 503.01 Applicability of Sanctions for Violations of Ethical Standards and Standards of Practice {#sec-gal-503.01 omnilex-key=us-nh-regs-official--agency-gal--Gal 503.01}

(a) All guardians ad litem certified by the board shall abide by the ethical standards and standards of practice set forth in this chapter.

(b) All persons presently or formerly certified under RSA 490-C shall be deemed to have knowledge of the existence of these ethical standards and standards of practice and to have familiarity with their provisions.

(c) A finding by the board that a guardian ad litem presently certified by the board has violated these ethical standards and standards of practice shall result in the imposition of sanctions unless the board determines that the matter involves extenuating circumstances, determined according to the standards set forth in paragraph (e) below.

(d) In accordance with RSA 490-C:4, I (e), a finding by the board that a formerly certified guardian ad litem alleged to have engaged in acts or omissions prohibited when certified has violated these ethical standards and standards of practice shall result in the imposition of sanctions unless the board determines that the matter involves extenuating circumstances, determined according to the standards set forth in paragraph (e) below.

(e) The board shall find that extenuating circumstances exist if it determines that:

(1) Imposing sanctions would not assist the person in conforming his or her future conduct to the requirements of these rules or other applicable law;

(2) The purposes that would be served by imposing sanctions have been fully fulfilled;

(3) The absence of imposing sanctions would be unlikely to pose a risk of harm to the interests or welfare of any recipient of services or potential recipient of services; and

(4) The reasons supporting the decision not to impose sanctions outweigh any adverse impact on general deterrence or on public perception that may arise from the absence of sanctions.

(f) Unless the board determines that extenuating circumstances exist under paragraph (e) above, a finding by an appointing court that a guardian ad litem, or formerly certified guardian ad litem within the meaning of RSA 490-C:4, I (e), has violated any of the following shall be grounds for discipline and shall result in sanctions by the board under these ethical standards and standards of practice:

(1) Any statute relating to the duties and activities of, or the procedures applicable to, guardians ad litem, either in general or in regard to the particular type of case to which he or she has been appointed;

(2) The rules, standing orders or administrative orders of the appointing court, including any applicable guidelines for guardians ad litem adopted under RSA 461-A:16 or other law; or

(3) Any standards of court practice or protocols found by the court to be applicable to the guardian ad litem in the case to which he or she has been appointed.

(g) Pursuant to RSA 490-C:4, I (g), upon the receipt of a written allegation or complaint against a certified or formerly certified guardian ad litem who holds, held or may hold an appointment in a case under the authority of a court, the board may refer that matter to the appropriate court for investigation, resolution or other action, either in lieu of, or in addition to, the investigatory or disciplinary procedures of the board.

History

#8941, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 503.02 General Obligations of All Guardians Ad Litem {#sec-gal-503.02 omnilex-key=us-nh-regs-official--agency-gal--Gal 503.02}

(a) Unless otherwise specified in an order or other instruction of the appointing court, a guardian ad litem shall at all times act as a reasonable person would in the best interests of the recipient of services.

(b) A guardian ad litem shall reach an independent conclusion about what is in the best interest of the recipient of services or such other matter as may be required by the orders or instructions of the appointing court.

(d) A guardian ad litem shall, in good faith:

(1) Formulate a recommendation, or such other report as is directed by the appointing court, as is intended to address the best interests of the recipient of services or such other matter as directed by the orders or other instructions of the appointing court; and

(2) Develop a presentation to the court that is designed to achieve results that are in the best interests of the recipient of services or such other result as set forth in the orders or other instructions of the appointing court.

(e) A guardian ad litem who believes that he or she is deficient in skill or knowledge regarding a material issue in a case shall take such action as he or she, in good faith, believes:

(1) Will enable him or her to obtain such skill or knowledge; and

(2) Is consistent with the best interests of the recipient of services.

(f) A guardian ad litem shall seek to enlist the assistance of a person or persons that the guardian ad litem believes, in good faith, possesses skill and knowledge relative to a material issue if the guardian ad litem believes that to do so is necessary under paragraph (e) above.

(g) If a guardian ad litem believes, in good faith, that there is no action that will enable him or her to obtain the skill or knowledge necessary under paragraph (e) above, the guardian ad litem shall so advise the appointing court.

(h) A guardian ad litem shall comply with all statutes and case law relating to the duties and activities of, and the procedures applicable to, guardians ad litem in general and to the duties and activities of, and procedures applicable to, guardians ad litem in the particular type of case to which he or she has been appointed.

(i) A guardian ad litem shall be able to identify the material legal and factual issues raised in the proceeding in which he or she serves.

(j) A guardian ad litem shall make those reports required by the Child Protection Act, RSA 169-C:29.

(k) A guardian ad litem shall make those reports required by RSA 161-F: 46.

History

#8941, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 503.03 Timeliness {#sec-gal-503.03 omnilex-key=us-nh-regs-official--agency-gal--Gal 503.03}

A guardian ad litem shall:

(a) Undertake actions on behalf of a recipient of services in a manner that is sufficiently timely to avoid prejudice to the best interests of the recipient of services or such other object of appointment as specified in the orders or other instructions of the appointing court;

(b) Adhere to all applicable deadlines imposed by an appointing court or by statute;

(c) Timely appear for all scheduled hearings, conferences, mediation sessions and other court proceedings, unless excused by the court; and

(d) Timely appear for all appointments with a recipient of services, witness, attorneys, or other individual involved in a case to which a guardian ad litem has been appointed, unless:

(1) Alternative arrangements have been made in advance of the time scheduled for an appointment; or

(2) The inability to timely appear for the appointment is due to circumstances beyond the control of the guardian ad litem and the reasons for the inability to appear are conveyed as soon as is practicable to the person with whom the appointment was made.

History

#8941, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 503.04 Competency {#sec-gal-503.04 omnilex-key=us-nh-regs-official--agency-gal--Gal 503.04}

(a) A guardian ad litem shall carry out the duties of his or her appointment with sufficient competence to complete the work without avoidable harm to the best interests of the recipient of services.

(b) The competence required by (a) above shall include:

(1) Diligence, attention to detail, and promptness in the scheduling and performance of the duties of the appointment;

(2) Preparation for the meetings, interviews, and court appearances required by the appointment;

(3) Knowledge of the New Hampshire statutory and case law applicable to the duties of a guardian ad litem in the type of case to which he or she has been appointed;

(4) Knowledge of these rules; and

(5) Knowledge of the procedures and requirements of the appointing court sufficient to carry out the duties of the appointment.

History

#8941, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 503.05 Advocacy {#sec-gal-503.05 omnilex-key=us-nh-regs-official--agency-gal--Gal 503.05}

(a) A guardian ad litem shall not adopt or assert a position, or make a recommendation, unless he or she possesses a basis for doing so that is not frivolous.

(b) A position adopted or asserted under (a) above may include a good faith argument for the extension, modification, or reversal of existing law.

(c) A guardian ad litem shall endeavor to expedite the conclusion of the case to the extent that he or she, in good faith, believes that to do so is consistent with the best interests of the recipient of services or such other purpose of his or her appointment as is set forth in the orders or other instructions of the appointing court.

History

#8941, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 503.06 Disclosures, Conflicts of Interest and Appearances of Impropriety {#sec-gal-503.06 omnilex-key=us-nh-regs-official--agency-gal--Gal 503.06}

(a) A guardian ad litem who is aware that he or she possesses a prior acquaintance of any type, including but not limited to a professional, personal, or financial relationship, with any party in a case, shall:

(1) At or before the time of appointment, disclose such fact to the parties and the appointing court, either orally or in writing; and

(2) If such an acquaintance becomes known only after appointment, immediately disclose such fact to the parties and the appointing court, either orally or in writing.

(b) A guardian ad litem shall:

(1) Seek to decline appointment in a proceeding where he or she has a present or prior personal, professional, business or legal relationship with any party involved in the proceeding that the guardian reasonably believes would adversely impact upon his or her ability to perform the functions of a guardian ad litem in accordance with these rules and in accordance with any requirements of the appointing court; and

(2) If a relationship described in (a) (1) above arises after appointment, advise the court of the existence of such a relationship and seek an order regarding whether or not he or she must withdraw.

(c) If it is alleged by a party to any proceeding in which a guardian ad litem is appointed that the guardian ad litem has failed to disclose any present or prior acquaintance of any type that impacts upon his or her objectivity, or upon his or her ability to perform the functions of a guardian ad litem in accordance with these rules or in accordance with requirements of the appointing court, the guardian ad litem shall:

(1) Inform the appointing court that the allegation has been made; and

(2) Respond either orally or in writing to the appointing court and to all parties regarding the nature of the present or prior acquaintance, if any.

(d) A guardian ad litem shall immediately disclose to the appointing court and to the board the existence of any civil, equity or other writ or petition, or criminal charge, of which he or she is aware alleging that any of the following persons have engaged in child abuse or neglect, as that term is used within the meaning of RSA 169-C, or that any of the following persons have engaged in adult abuse, as that term is used within the meaning of RSA 161-F:

(1) The guardian ad litem him or herself;

(2) The guardian ad litem’s spouse;

(3) The parent or guardian of a child of the guardian ad litem where the child is the alleged victim; or

(4) Any person with whom the guardian ad litem resides.

(e) Unless otherwise allowed by the appointing court after disclosure by the guardian ad litem, no guardian ad litem shall serve on any case if a civil, equity or other writ or petition, or criminal charge, of child abuse or neglect, or adult abuse in violation of RSA 161-F, is pending against him or her.

(f) If a guardian ad litem is a party to any case in a specific court, other than in his or her capacity as a guardian ad litem, he or she shall not serve as a guardian ad litem in that specific court unless:

(1) He or she immediately discloses to the judge making the appointment that he or she is a party to a case in the specific court, as well as the name and nature of any such case and requests direction from the appointing court as to service or continued service as a guardian ad litem; and

(2) After such disclosure, the judge appoints the person to serve as a guardian ad litem, or consents to the person’s continued service as a guardian ad litem, provided that during the pendency of any decision by the appointing court as to continued service, the guardian ad litem may continue to serve.

(g) No person shall serve as a guardian ad litem if that person is a party to a pending, contested matter, other than in his or her capacity as a guardian ad litem, involving issues of fact or law similar to, or the same as, those that may be raised in a case to which the person may be appointed as guardian ad litem unless:

(1) He or she immediately discloses to the judge making the appointment that he or she is a party to the pending, contested matter involving issues of fact or law similar to, or the same as, those that might be raised in a case to which the person might be appointed as guardian ad litem, as well as the name and nature of any such case and requests direction from the appointing court as to service or continued service as a guardian ad litem; and

(h) Whenever a guardian ad litem is, or becomes, a party, except solely by virtue of his or her appointment as a guardian ad litem, to any proceeding in any court, regardless of the capacity in which he or she is named as a party, the guardian ad litem shall immediately notify the following authorities of the existence of the case, describing the nature of the case in such notification:

(1) The appointing court;

(2) The administrative judge designated under New Hampshire supreme court rule 54 for each court in which the person is serving as a guardian ad litem, or, if the guardian ad litem is appearing before the supreme court, the clerk of the supreme court; and

(3) The board.

(i) A guardian ad litem shall not serve in a case if he or she has any financial relationship with any counsel on the case or any material witness unless:

(1) He or she immediately discloses to the judge making the appointment that he or she has such a financial relationship, as well as the nature of any such relationship and requests direction from the appointing court as to service or continued service as a guardian ad litem; and

(2) After such disclosure, the judge appoints the person to serve as a guardian ad litem, or consents to the person’s continued service as a guardian ad litem provided that during the pendency of any decision by the appointing court as to continued service, the guardian ad litem may continue to serve.

History

#8941, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 503.07 Business Transactions {#sec-gal-503.07 omnilex-key=us-nh-regs-official--agency-gal--Gal 503.07}

(a) Except for the guardian ad litem’s fee agreement, a guardian ad litem shall not, during the term of his or her appointment, enter into any business transaction with a recipient of services, a party, counsel for a party, or a material witness.

(b) A guardian ad litem shall not possess an ownership, possessory, security, or other pecuniary interest of any type that is unfavorable to a recipient of services, unless the appointing court, after full disclosure to it of the nature of the interest, allows the guardian ad litem to serve while still in the possession of the interest.

(c) Except for the guardian ad litem’s fee agreement, a guardian ad litem shall not, without the express written agreement of all of the parties, enter into a business relationship of any type with any of the following persons during the time of the guardian ad litem’s appointment in a case, or for a period of 6 months after the appointment has ended:

(1) The recipient of services; or

(2) If the case to which the guardian ad litem was appointed involved child custody, any party to the case.

History

#8941, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 503.08 Special Rules Regarding Guardians Ad Litem Who Are Elected Officials {#sec-gal-503.08 omnilex-key=us-nh-regs-official--agency-gal--Gal 503.08}

A guardian ad litem who is an elected official shall, if one or more but not all parties to the proceeding are his or her constituents, disclose this fact to the appointing court and to all parties to the proceeding, either orally or in writing, at or before the time of appointment, or, if elected after appointment in an ongoing matter, at the time of election.

History

#8941, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 503.09 Communication of Information About Services and Qualifications {#sec-gal-503.09 omnilex-key=us-nh-regs-official--agency-gal--Gal 503.09}

A guardian ad litem shall not knowingly misrepresent his or her experience, education, certifications, or skills.

History

#8941, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 503.10 Fees {#sec-gal-503.10 omnilex-key=us-nh-regs-official--agency-gal--Gal 503.10}

(a) A guardian ad litem appointed by a court and paid by public funds shall not accept any additional payment from any party or other source for services performed on the case, unless otherwise authorized by the court, provided, nonetheless, that a guardian ad litem who has been served with a subpoena may accept a witness or mileage fee authorized by statute, court rule, or other law for appearance pursuant to a subpoena.

(b) If a guardian ad litem in any publicly-funded case files any motion to exceed any cap or limit on fees, the guardian ad litem shall, at or before the time of filing, provide a copy of the motion to the person or persons who may be responsible for the reimbursement of the public funds.

(c) In the case of a private fee arrangement relating to the services of a guardian ad litem, the guardian ad litem shall:

(1) Execute with the responsible parties or party an agreement in writing regarding fees and expenses which specifies:

a. The person or persons responsible for payment;

b. The amount of the rate to be charged;

c. The method for calculating the fees and expenses billed; and

d. Either:

An estimate of the cost of anticipated expenses and services expected to be performed; or
A specific amount to be charged which will not be exceeded absent an order of the court;

(2) Specify in any agreement in writing under (c) (1) above either:

a. The allocation of responsibility for payment between or among the parties; or

b. That the designation or allocation of responsibility for payment may be made by the court and that the court’s order relative to payment shall be binding; and

(3) Provide a copy of the agreement in writing described in (c) (1) above to all parties to the agreement.

(d) In the case of a private fee agreement where it is necessary for the guardian ad litem, in order to fulfill his or her obligations, to charge fees in excess of the estimated cost of anticipated expenses and services, or in excess of the specified amount, originally stated under (c) (1) d. above, the guardian ad litem shall:

(1) Provide, in writing, to the parties either:

a. An adjusted written estimate of the cost of anticipated expenses and services expected to be performed; or

b. A new specific amount to be charged which will not be exceeded absent an order of the court;

(2) File a motion with the appointing court requesting authorization to charge a specific amount in excess of the initial fee agreement, specifying therein:

a. The amount of the original estimate or specification;

b. The specific amount in excess of the original estimate or specification that the guardian ad litem wishes to charge and the reason for the adjustment; and

c. A statement as to whether or not each of the responsible party or parties consents to the motion; and

(3) Provide a copy of the motion to the person or persons who is or may be responsible for the payment of any fee or cost, at or before the time of the filing of the motion identified in (d) (2) above.

(e) In the case of a private fee agreement that has once been altered under paragraph (d) above in which it is necessary for the guardian ad litem, in order to fulfill his or her obligations, to again exceed any amended amount, the guardian ad litem shall proceed in accordance with paragraph (d) above as to any further agreement.

(f) If, at the conclusion of a case, the guardian ad litem is in possession of any unearned fees, he or she shall return those fees to the person who paid them to the guardian ad litem, or in such other manner as that person or the fee agreement may direct.

(g) A guardian ad litem shall not enter into any contingent fee agreement for his or her services.

History

#8941, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16 (from Gal 503.11)

N.H. Code Admin. R. Ann. Gal 503.11 Gathering and Reporting Facts and Other Information {#sec-gal-503.11 omnilex-key=us-nh-regs-official--agency-gal--Gal 503.11}

(a) A guardian ad litem shall gather such facts and information regarding the family history, background, current circumstances, concerns and wishes of the recipient of services, from the recipient of services and from other sources, as will enable the guardian ad litem to:

(1) Form a good faith conclusion about the best interests of the recipient of services or about such other matters as directed by the orders or instructions of the appointing court; and

(2) Conduct his or her duties in conformity with these rules and the instructions of the appointing court.

(b) Unless otherwise instructed by the appointing court, in applying the provisions of (a) above, a guardian ad litem shall:

(1) Not be obligated to contact each witness or reference appearing on any list supplied by any person;

(2) In good faith, exercise independent judgment as to whether or not contact with a particular witness is necessary under the facts of the case; and

(3) Adhere to any specific duties that may arise in the particular type of case to which the guardian ad litem may be appointed, such as those duties regarding contacts and witnesses in domestic relations cases set forth in Gal 504.03.

(c) Unless specifically authorized by the appointing court, any conclusions intentionally sought from a witness during the course of an investigation shall either be:

(1) Obtained in writing; or

(2) Obtained orally by the guardian ad litem him or herself personally contacting the witness.

(d) Unless otherwise specifically authorized by the appointing court, a guardian ad litem shall state the sources of information contained in the guardian ad litem’s report and final recommendation and identify the name and title of the person who gathered such information.

History

#8941, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16 (from Gal 403.12)

N.H. Code Admin. R. Ann. Gal 503.12 Meetings and Communications With and Regarding the Recipient of Services {#sec-gal-503.12 omnilex-key=us-nh-regs-official--agency-gal--Gal 503.12}

(a) Unless otherwise provided by the appointing court, a guardian ad litem shall, on at least one occasion prior to making a final recommendation to the appointing court, personally meet in person with the recipient of services.

(b) A guardian ad litem shall provide a recipient of services with that degree of information about the status of a case as the guardian ad litem, in good faith, believes is:

(1) Necessary in order for the recipient of services to understand the status of the case; and

(2) In the best interest of the recipient of services.

(c) In making the determination set forth in (b) above, the guardian ad litem shall consider the recipient of service’s age, mental state, level of maturity and any other facts bearing upon the ability of the recipient of services to understand information that is conveyed to him or her.

(d) The guardian ad litem shall maintain the confidentiality of communications with the recipient of services, except that such communications may be conveyed to the extent permitted by law, including but not limited to the extent permitted in any of the following circumstances:

(1) To the parties to the case and the appointing court;

(2) Pursuant to an order or authorization of a court;

(3) To other employees of the office in which the guardian ad litem is employed, if such communication is in furtherance of the guardian ad litem’s assignment in the case;

(4) To another guardian ad litem when delivering the guardian ad litem’s file to another or successor guardian ad litem in the same or a related proceeding;

(5) To counselors, therapists, medical doctors, educators, or other professionals who provide, provided or intend to provide services to the recipient of services; or

(6) In those circumstances allowed pursuant to RSA 490-C:5-b, II, subject to such orders, prohibitions or limitations as may be issued by the board or its presiding officer under RSA 490-C:5-b, IV through VIII.

History

#8941, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16 (from Gal 503.13)

N.H. Code Admin. R. Ann. Gal 503.13 Duties to Persons Other than Recipients of Service and GAL Communications Regarding Cases {#sec-gal-503.13 omnilex-key=us-nh-regs-official--agency-gal--Gal 503.13}

(a) In dealing with a person or party who is not represented by counsel, a guardian ad litem shall disclose his or her role as a guardian ad litem.

(b) When a guardian ad litem believes that a person who is not represented by counsel misunderstands the guardian ad litem’s role in the matter, the guardian ad litem shall make a good faith effort to correct the misunderstanding.

(d) A guardian ad litem shall, to the extent required by law, maintain the confidentiality of communications that are confidential under federal law or the law of the state of New Hampshire or which are specified as confidential by the appointing court.

(e) A guardian ad litem shall not disclose any information regarding the case which may serve to identify the particular case unless:

(1) The disclosure is allowed pursuant to RSA 490-C:5-b, II, subject to such orders, prohibitions or limitations as may be issued by the board or its presiding officer under RSA 490-C:5-b, IV through VIII; or

(2) The disclosure is:

a. Not otherwise prohibited by these rules, the orders or instructions of the appointing court or state or federal law; and

b. Necessary to fulfill his or her duties in the case.

History

#8941, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16 (from Gal 503.14)

N.H. Code Admin. R. Ann. Gal 503.14 Termination of Representation {#sec-gal-503.14 omnilex-key=us-nh-regs-official--agency-gal--Gal 503.14}

(a) Upon the termination of a guardian ad litem’s appointment, the guardian ad litem shall take such steps as he or she in good faith believes are necessary to protect the best interests of the recipient of services.

(b) The steps described in (a) above shall include, but not be limited to, the following:

(1) Surrendering papers and property to which the recipient of services, the parties, or the court may be entitled;

(2) Refunding and transferring any unearned fees; and

(3) To the extent possible, taking action in a sufficiently timely manner as to allow time for appointment of another guardian ad litem.

History

#8941, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16 (from Gal 503.15)

N.H. Code Admin. R. Ann. Gal 503.15 Provision of Information to the Board and the Appointing Court {#sec-gal-503.15 omnilex-key=us-nh-regs-official--agency-gal--Gal 503.15}

(a) A guardian ad litem shall:

(1) Submit truthful and accurate information in any initial, renewal, or reinstatement application, or any other writing submitted to the board;

(2) Make truthful and accurate statements in any oral communication to the board and court;

(3) Be forthright, candid, and not misleading in his or her oral statements or written submissions to the board and court; and

(4) Submit truthful and accurate information in all reports, pleadings, or other writing submitted to the court.

(b) A guardian ad litem shall within 5 days advise the board and court, in writing, of the following information relating to the guardian ad litem:

(1) Conviction of, or a plea of guilty to, any felony in any jurisdiction;

(2) Conviction of, or a plea of guilty to, any misdemeanor in any jurisdiction involving a child or incapacitated adult as a victim or, in the case of offenses involving attempt, conspiracy, or solicitation, as the intended victim;

(3) Conviction of, or a plea of guilty to:

a. Any misdemeanor involving domestic violence as defined in RSA 173-B:1, IX and as further specified in RSA 173-B:1, I so as to include either commission or attempted commission of an offense;

b. Solicitation or conspiracy to commit a misdemeanor involving domestic violence under (3) a. above; or

c. A misdemeanor committed contrary to the law of a jurisdiction other than the state of New Hampshire which would constitute domestic violence under a. above, or a solicitation or conspiracy to commit that offense, if committed in, or charged by, the state of New Hampshire;

(4) Conviction of, or a plea of guilty to, any misdemeanor arising under:

a. RSA 641:2, false swearing;

b. RSA 641:3, unsworn falsification;

c. RSA 641:4, false reports to law enforcement;

d. RSA 645:1, indecent exposure and lewdness;

e. RSA 638:1, forgery;

f. RSA 633:3-a, stalking;

g. RSA 633:4, interference with custody;

h. RSA 644:4, harassment;

i. RSA 632-A:4, sexual assault;

j. RSA 631:2-a, simple assault;

k. RSA 631:3, reckless conduct;

l. RSA 633:3, false imprisonment;

m. RSA 634:1, arson;

n. RSA 634:2, criminal mischief;

o. RSA 635:1, burglary;

p. RSA 635:2, criminal trespass;

q. RSA 637, theft;

r. RSA 644:8, cruelty to animals;

s. RSA 631:2-b, domestic violence;

t. RSA 631:2, second degree assault;

u. RSA 644:9-a, nonconsensual dissemination of private sexual images;

v. RSA 633:7, trafficking in persons; or

w. The law of a jurisdiction other than the state of New Hampshire, if the misdemeanor would constitute any of the offenses listed in clauses (4) a. through q. above if committed in or charged under the jurisdiction of the state of New Hampshire;

(5) Conviction of, or a plea of guilty to, any misdemeanor involving an attempt, conspiracy or solicitation to commit those offenses listed in subparagraph (4) above;

(6) Conviction of, or a plea or guilty to, a misdemeanor of any type in any jurisdiction, which would bring the total number of the person’s misdemeanors to more than 2, regardless of the jurisdiction or jurisdictions in which any of the misdemeanors arose;

(7) Current listing on the central registry of founded abuse and neglect reports or a report of child abuse or neglect against the person in this or any other jurisdiction;

(8) Suspension from any activity as a guardian ad litem in this or any other jurisdiction as the result of misconduct in the performance of his or her duties as a guardian ad litem, or as the result of a failure to be of good character;

(9) Revocation of any certification, registration, approval, or appointment as a guardian ad litem as the result of misconduct in the performance of his or her duties as a guardian ad litem, or as the result of a failure to be of good character, in this or any other jurisdiction;

(10) If presently or formerly authorized to practice as an attorney in this or any other jurisdiction, disbarment in any jurisdiction;

(11) Denial of an application for license, certification, registration or approval to practice as a guardian ad litem in this or any other jurisdiction and the reasons therefore; and

(12) Any change in the answer to the questions on the most recently submitted application form described at Gal 302.02(f)(8), (10), or (12), or Gal 401.07(d) regarding disbarment, revocation, suspension, reprimand, censure, discipline, disqualification or sanction relative to the practice of a profession;

(c) A guardian ad litem shall within 5 days inform all courts in which he or she is currently appointed, in writing, copying all parties, of any sanction imposed upon him or her by the board.

(d) A guardian ad litem shall within 5 days inform the board of any sanction imposed upon him or her in his or her capacity as a guardian ad litem by any appointing court.

(e) A guardian ad litem shall within 5 days inform all courts and parties in which he or she is currently appointed of information which the guardian ad litem is required to report to the board under paragraph (b) above.

(f) A guardian ad litem shall within 5 days inform all courts and parties in which he or she is currently appointed if their guardian ad litem certification has expired or been denied.

(g) A guardian ad litem who is sanctioned by another board shall within 5 days:

(1) Notify the board, courts and all parties in which he or she is currently appointed: and

(2) Request a review with the board.

(h) The guardian ad litem may still continue to practice pending the board review described in (g)(2) above.

(i) The Board shall suspend or revoke certification following disclosure of any item under paragraph (b) in accordance with Gal 200.

(j) The guardian ad litem whose certification has been suspended or revoked may request an oral hearing in writing with 30 days of the date of the letter, provided that the board shall, pursuant to Gal 203.04(d), commence an adjudicative hearing or issue and order of settlement within 10 days of delivering an order of emergency suspension.

History

#8941, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16 (from Gal 503.16)

N.H. Code Admin. R. Ann. Gal 503.16 Reporting of Certain Conduct of Another Guardian ad Litem {#sec-gal-503.16 omnilex-key=us-nh-regs-official--agency-gal--Gal 503.16}

A guardian ad litem who possesses specific and credible information that he or she, in good faith, believes demonstrates that another guardian ad litem has caused emotional, physical, or psychological harm to a recipient of services shall inform the following entities of that belief:

(a) The guardian ad litem board; and

(b) Either:

(1) If the case involving the harm is pending, the court that appointed the other guardian ad litem; or

(2) If the case involving the harm is not pending, the administrative judge designated under New Hampshire supreme court rule 54 for the court that appointed the other guardian ad litem in that case.

History

#8941, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16 (from Gal 503.17)

N.H. Code Admin. R. Ann. Gal 503.17 Cooperation in Investigations and Compliance with Board Procedures and Orders {#sec-gal-503.17 omnilex-key=us-nh-regs-official--agency-gal--Gal 503.17}

(a) A presently or formerly certified guardian ad litem shall cooperate in investigations of complaints conducted by the board, including by providing an executed answer form as required by Gal 203.02 (e) – (f) within 30 days of the date appearing on the board’s written notification or such extended period allowed under Gal 203.02 (g).

(b) A presently or formerly certified guardian ad litem shall abide by orders issued by the board or its presiding officers that are applicable to the guardian ad litem, including, but not limited to, orders issued pursuant to RSA 490-C:5-b, VI – VIII.

(c) A presently or formerly certified guardian ad litem shall provide the board with information requested of him or her pursuant to Gal 404.01 (b) and (c).

History

#8941, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16 (from Gal 503.19)

Part Gal 504 Obligations in Particular Kinds of Cases

N.H. Code Admin. R. Ann. Gal 504.01 Specific Duties in Abuse and Neglect Cases {#sec-gal-504.01 omnilex-key=us-nh-regs-official--agency-gal--Gal 504.01}

(a) The specific duties of a guardian ad litem in an abuse and neglect case set forth in this section shall be in addition to the other obligations and duties of a guardian ad litem set forth in these rules.

(b) A guardian ad litem in an abuse and neglect case shall independently assess any recommendation made by the department of health and human services, division for children, youth and families.

(c) The guardian ad litem shall prepare a thorough and timely report with recommendations to the court when the court directs the guardian ad litem to file a report, including for, but not limited to, dispositional, review, permanency and post-permanency hearings.

(d) If a guardian ad litem is aware that a recipient of services disagrees with a recommendation being made by the guardian ad litem, the guardian ad litem shall fully advise the appointing court of this fact.

History

#8941, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 504.02 Specific Duties in Criminal Cases {#sec-gal-504.02 omnilex-key=us-nh-regs-official--agency-gal--Gal 504.02}

(a) The specific duties of a guardian ad litem in a criminal case set forth in this section shall be in addition to the other obligations and duties of all guardians ad litem as set forth in these rules.

(b) In addition to the other obligations imposed by these rules or by the appointing court, a guardian ad litem in a criminal case shall become familiar with the history of the charges involved in the case, the role of the recipient of services, and the issues which bear upon the role of the recipient of services.

(c) When possible and consistent with the scope of the guardian ad litem’s appointment, the guardian ad litem shall interview the recipient of services, and may interview such other persons, including counsel, as the guardian ad litem deems necessary.

History

#8941, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 504.03 Specific Duties in Domestic Relations Cases {#sec-gal-504.03 omnilex-key=us-nh-regs-official--agency-gal--Gal 504.03}

(a) The specific duties of a guardian ad litem in a domestic relations case set forth in this section shall be in addition to the other obligations and duties of all guardians ad litem as set forth in these rules.

(b) Unless otherwise provided by the appointing court, a guardian ad litem shall, on at least one occasion, meet in person with each party to the case.

(c) Unless otherwise instructed by the appointing court, a guardian ad litem shall inquire of each party as to the names of witnesses who each party believes are essential to the guardian ad litem’s investigation of the case.

(d) A guardian ad litem in a domestic relations case shall be deemed to have fully discharged his or her duties under this chapter relative to contacting witnesses or references appearing on any list if he or she has made a good faith attempt to contact 3 witnesses from the list supplied by each party, or, if a party specifies less than 3 witnesses or references, if the guardian ad litem has made a good faith attempt to contact all witnesses and references listed by that party.

(e) In a domestic relations case, a guardian ad litem may disclose information under Gal 503.12 (d) (1) or (2) or as is otherwise permitted by law, only after the guardian ad litem has informed the recipient of services of the guardian ad litem’s intent to disclose. Such disclosure shall not be required in the circumstances specified in Gal 503.12 (d) (3) though (6).

(f) In a domestic relations case in which the guardian ad litem is uncertain about whether to disclose potentially confidential information, the guardian ad litem shall seek court review before disclosing the information and shall, to the extent consistent with the best interests of the recipient of services, seek such protective orders as may be required to limit the disclosure.

(g) If a guardian ad litem is aware that a recipient of services disagrees with a recommendation being made by the guardian ad litem, the guardian ad litem shall advise the appointing court of this fact unless the guardian ad litem believes that to do so may result in harm to the recipient of services.

(h) In the case of a mature minor as described in RSA 461-A:11, I (e), if the recipient of services makes known to the guardian ad litem his or her preferences relative to matters on which the guardian ad litem is offering a recommendation, the guardian ad litem shall advise the appointing court of those preferences.

History

#8941, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 504.04 Specific Duties in Cases Involving Termination of Parental Rights, Adoption and Guardianship {#sec-gal-504.04 omnilex-key=us-nh-regs-official--agency-gal--Gal 504.04}

(a) The specific duties set forth in this section relative to a guardian ad litem in a case involving termination, adoption and guardianship shall be in addition to the other obligations and duties of all guardians ad litem as set forth in these rules.

(b) If the recipient of services makes known to the guardian ad litem his or her preferences relative to matters on which the guardian ad litem is offering a recommendation, the guardian ad litem shall include a reference to those preferences in his or her report.

(c) If a guardian ad litem is aware that a recipient of services disagrees with a recommendation being made by the guardian ad litem, the guardian ad litem shall advise the appointing court of this fact.

History

#8941, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

Part Gal 505 Records and Accounts

N.H. Code Admin. R. Ann. Gal 505.01 Records {#sec-gal-505.01 omnilex-key=us-nh-regs-official--agency-gal--Gal 505.01}

(a) The record retention requirements set forth in this section pertain to closed files, and shall be in addition to, and shall not limit, any record retention requirement which may be imposed upon the guardian ad litem by any other law or professional code to which the guardian ad litem may be subject.

(b) Unless otherwise ordered by the appointing court, a guardian ad litem shall retain all records, other than drafts or duplicates, regarding cases to which he or she was appointed:

(1) If a case is not appealed, for a minimum of 3 years after the expiration of the appeal period in the case;

(2) If a case is appealed and not remanded, a minimum period of 3 years after the expiration of the period for reconsideration of the decision of the appellate court finally deciding the case; and

(3) If a case is appealed and remanded and is not further appealed, for a minimum period of 3 years after the expiration of the appeal period in the case.

(c) Unless otherwise ordered by the appointing court, a guardian ad litem shall retain records relating to the handling, maintenance and disposition of funds relating to cases to which he or she is appointed for a minimum period of 3 years after final distribution of such funds or any portion thereof.

(d) Unless otherwise allowed by law or ordered by the appointing court, a guardian ad litem shall maintain the confidentiality of records that are deemed confidential under federal or state law.

(e) Certified and formerly certified guardians ad litem shall retain in their possession the documentation specified in Gal 403.09 for a period of 3 years after claiming a particular activity for continuing education credit.

History

#8941, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal 505.02 Accounts {#sec-gal-505.02 omnilex-key=us-nh-regs-official--agency-gal--Gal 505.02}

(a) The requirements regarding accounts set forth in this section shall be in addition to, and shall not limit, any requirements regarding accounts or the handling of funds which may be imposed upon the guardian ad litem by any other law or professional code to which he or she may be subject.

(b) Unless otherwise ordered by the court, and except as provided in paragraph (c) below, a guardian ad litem appointed to any case in which funds of any type are received shall deposit such funds in a trust account with any bank or savings and loan association authorized to do business in the state of New Hampshire and insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation.

(c) The provisions of (b) above shall not apply to payments received by the guardian ad litem for services that have in the past been rendered and for which payment is due. A guardian ad litem holding funds in a trust account under this rule against future costs and fees may withdraw such funds as they become due.

(d) Funds in any account established under (b) above shall be subject to withdrawal upon demand.

(e) All cash property received by a guardian ad litem in which a person other than the guardian ad litem possesses an interest shall be promptly deposited in one or more accounts described in (b) above, separate from the guardian ad litem’s own funds.

(f) Upon receiving cash property in which a person other than the guardian ad litem possesses an interest, the guardian ad litem shall:

(1) Maintain a separate ledger regarding deposits, withdrawals and other dispositions to the account in which the cash property has been placed;

(2) Promptly record all transactions relative to the cash property; and

(3) Maintain records in accordance with Gal 505.01 above.

(g) Upon the conclusion of a case, a guardian ad litem shall return any unearned fees in his or her possession to the person who paid them to the guardian ad litem, or in such other manner as that person or the written fee agreement may direct.

APPENDIX

RULE

STATUTE

Gal 501.01

RSA 490-C: 4, I (e); RSA 490-C: 5, I (g); RSA 541-A: 7

Ga1 501.02

RSA 490-C: 4, I (e), (f), II (j); RSA 490-C: 5, I (g) (j), II (g)

Ga1 502.01 – Gal 502.10

RSA 541-A: 7

Gal 503.01

RSA 490-C: 4, I (e), (f), (g); RSA 490-C: 4, II (b), (j); RSA 490-C: 5, I (g), (j); RSA 490-C: 5, II (g); RSA 541-A: 16, I (b); RSA 461-A: 16;

RSA 169-C: 10, III; RSA 541-A: 7

Gal 503.02

RSA 490-C: 4, I (e); RSA 490-C: 5, I (g); RSA 541-A: 16, I (b);

RSA 461-A: 16; RSA 169-C: 29; RSA 161-F: 46

Gal 503.07 – Gal 503.12

RSA 490-C: 4, I (e); RSA 490-C: 5, I (g)

Gal 503.13 – Gal 503.14

RSA 490-C: 4, I (e); RSA 490-C: 5, I (g); RSA 490-C: 5-b

Gal 503.15

RSA 490-C: 4, I (e); RSA 490-C: 5, I (g)

Gal 503.16

RSA 490-C: 4, I (c), (e); RSA 490-C: 5, I (b), (c), (g); RSA 490-C: 5-a, I;

Gal 503.17

RSA 490-C: 4, I (e); RSA 490-C: 5, I (g); RSA 490-C: 5-b

Gal 504.01

RSA 490-C: 4, I (e); RSA 490-C: 5, I (g); RSA 169-C;

Gal 504.02

RSA 490-C: 4, I (e); RSA 490-C: 5, I (g);

Gal 504.03

RSA 490-C: 4, I (e); RSA 490-C: 5, I (g); RSA 461-A;

Gal 504.04

RSA 490-C: 4, I (e); RSA 490-C: 5, I (g); RSA 170-B; RSA 170-C;

RSA 463:8

Gal 505.01 – Gal 505.02

RSA 490-C: 4, I (e); RSA 490-C: 5, I (g)

History

#8941, eff 9-15-07, EXPIRED: 9-15-15
#11075, INTERIM, eff 4-18-16, EXPIRED: 10-15-16
#12010, eff 10-21-16

N.H. Code Admin. R. Ann. Gal — Guardian ad Litem Board (See RSA 490-C:5 pursuant to 2002, 206:1, effective 5-16-02.)

Chapter Gal 100 Organizational Rules

Part Gal 101 Purpose

N.H. Code Admin. R. Ann. Gal 101.01 Purpose {#sec-gal-101.01 omnilex-key=us-nh-regs-official--agency-gal--Gal 101.01}

Part Gal 102 Definitions

N.H. Code Admin. R. Ann. Gal 102.01 Board {#sec-gal-102.01 omnilex-key=us-nh-regs-official--agency-gal--Gal 102.01}

N.H. Code Admin. R. Ann. Gal 102.02 Court Appointed Special Advocates of New Hampshire (CASA) {#sec-gal-102.02 omnilex-key=us-nh-regs-official--agency-gal--Gal 102.02}

N.H. Code Admin. R. Ann. Gal 102.03 Child {#sec-gal-102.03 omnilex-key=us-nh-regs-official--agency-gal--Gal 102.03}

N.H. Code Admin. R. Ann. Gal 102.04 Recipient of services {#sec-gal-102.04 omnilex-key=us-nh-regs-official--agency-gal--Gal 102.04}

Part Gal 103 Description of the Board and the Board Members

N.H. Code Admin. R. Ann. Gal 103.01 Composition of the Board {#sec-gal-103.01 omnilex-key=us-nh-regs-official--agency-gal--Gal 103.01}

N.H. Code Admin. R. Ann. Gal 103.02 Quorum {#sec-gal-103.02 omnilex-key=us-nh-regs-official--agency-gal--Gal 103.02}

N.H. Code Admin. R. Ann. Gal 103.03 Officers {#sec-gal-103.03 omnilex-key=us-nh-regs-official--agency-gal--Gal 103.03}

N.H. Code Admin. R. Ann. Gal 103.04 Responsibilities of the Board {#sec-gal-103.04 omnilex-key=us-nh-regs-official--agency-gal--Gal 103.04}

N.H. Code Admin. R. Ann. Gal 103.05 Board Meetings and Notice {#sec-gal-103.05 omnilex-key=us-nh-regs-official--agency-gal--Gal 103.05}

N.H. Code Admin. R. Ann. Gal 103.06 Ineligibility of Board Members to Participate {#sec-gal-103.06 omnilex-key=us-nh-regs-official--agency-gal--Gal 103.06}

N.H. Code Admin. R. Ann. Gal 103.07 Minutes of Board Meetings {#sec-gal-103.07 omnilex-key=us-nh-regs-official--agency-gal--Gal 103.07}

N.H. Code Admin. R. Ann. Gal 103.08 Public Access to Minutes {#sec-gal-103.08 omnilex-key=us-nh-regs-official--agency-gal--Gal 103.08}

Part Gal 104 Public Requests for Information

N.H. Code Admin. R. Ann. Gal 104.01 Office Location and Mailing Address, Telephone Number and Number for TTY/TDD Users and Website {#sec-gal-104.01 omnilex-key=us-nh-regs-official--agency-gal--Gal 104.01}

N.H. Code Admin. R. Ann. Gal 104.02 Communications with the Board {#sec-gal-104.02 omnilex-key=us-nh-regs-official--agency-gal--Gal 104.02}

N.H. Code Admin. R. Ann. Gal 104.03 Public Access to Records {#sec-gal-104.03 omnilex-key=us-nh-regs-official--agency-gal--Gal 104.03}

Chapter Gal 200 Procedural Rules

Part Gal 201 Practice and Procedures

N.H. Code Admin. R. Ann. Gal 201.01 Rules of Practice and Procedure {#sec-gal-201.01 omnilex-key=us-nh-regs-official--agency-gal--Gal 201.01}

Chapter Gal 300 Certification Requirements

Part Gal 301 Definitions

N.H. Code Admin. R. Ann. Gal 301.01 Accredited college or university {#sec-gal-301.01 omnilex-key=us-nh-regs-official--agency-gal--Gal 301.01}

N.H. Code Admin. R. Ann. Gal 301.02 Address of the applicant’s guardian ad litem business {#sec-gal-301.02 omnilex-key=us-nh-regs-official--agency-gal--Gal 301.02}

N.H. Code Admin. R. Ann. Gal 301.03 Central registry of founded abuse and neglect reports {#sec-gal-301.03 omnilex-key=us-nh-regs-official--agency-gal--Gal 301.03}

N.H. Code Admin. R. Ann. Gal 301.04 Certifying board {#sec-gal-301.04 omnilex-key=us-nh-regs-official--agency-gal--Gal 301.04}

N.H. Code Admin. R. Ann. Gal 301.05 Community activity {#sec-gal-301.05 omnilex-key=us-nh-regs-official--agency-gal--Gal 301.05}

N.H. Code Admin. R. Ann. Gal 301.06 Permanency hearing {#sec-gal-301.06 omnilex-key=us-nh-regs-official--agency-gal--Gal 301.06}

N.H. Code Admin. R. Ann. Gal 301.07 Related educational experience {#sec-gal-301.07 omnilex-key=us-nh-regs-official--agency-gal--Gal 301.07}

N.H. Code Admin. R. Ann. Gal 301.08 Shadow training {#sec-gal-301.08 omnilex-key=us-nh-regs-official--agency-gal--Gal 301.08}

N.H. Code Admin. R. Ann. Gal 301.09 Telephone number of the applicant’s guardian ad litem business {#sec-gal-301.09 omnilex-key=us-nh-regs-official--agency-gal--Gal 301.09}

Part Gal 302 Application Procedure

N.H. Code Admin. R. Ann. Gal 302.01 Application Process {#sec-gal-302.01 omnilex-key=us-nh-regs-official--agency-gal--Gal 302.01}

N.H. Code Admin. R. Ann. Gal 302.02 Application Form {#sec-gal-302.02 omnilex-key=us-nh-regs-official--agency-gal--Gal 302.02}

N.H. Code Admin. R. Ann. Gal 302.03 Required Supporting Materials {#sec-gal-302.03 omnilex-key=us-nh-regs-official--agency-gal--Gal 302.03}

N.H. Code Admin. R. Ann. Gal 302.04 Letters of Reference {#sec-gal-302.04 omnilex-key=us-nh-regs-official--agency-gal--Gal 302.04}

Part Gal 303 Qualifications for Certification

N.H. Code Admin. R. Ann. Gal 303.01 Requirements for Certification {#sec-gal-303.01 omnilex-key=us-nh-regs-official--agency-gal--Gal 303.01}

N.H. Code Admin. R. Ann. Gal 303.02 Training Requirements {#sec-gal-303.02 omnilex-key=us-nh-regs-official--agency-gal--Gal 303.02}

N.H. Code Admin. R. Ann. Gal 303.03 Applicability of Qualification Provisions {#sec-gal-303.03 omnilex-key=us-nh-regs-official--agency-gal--Gal 303.03}

Part Gal 304 Fees

N.H. Code Admin. R. Ann. Gal 304.01 Fee Schedule {#sec-gal-304.01 omnilex-key=us-nh-regs-official--agency-gal--Gal 304.01}

Part Gal 305 Training for Court Appointed Special Advocates

N.H. Code Admin. R. Ann. Gal 305.01 Training Requirements {#sec-gal-305.01 omnilex-key=us-nh-regs-official--agency-gal--Gal 305.01}

Chapter Gal 400 Continued Status

Part Gal 401 Renewal of Certification

N.H. Code Admin. R. Ann. Gal 401.01 Procedure for Renewal of Existing Certification {#sec-gal-401.01 omnilex-key=us-nh-regs-official--agency-gal--Gal 401.01}

N.H. Code Admin. R. Ann. Gal 401.02 Procedures for Reinstatement of Certification {#sec-gal-401.02 omnilex-key=us-nh-regs-official--agency-gal--Gal 401.02}

N.H. Code Admin. R. Ann. Gal 401.03 Certification Renewal Process {#sec-gal-401.03 omnilex-key=us-nh-regs-official--agency-gal--Gal 401.03}

N.H. Code Admin. R. Ann. Gal 401.04 Certification Reinstatement Process {#sec-gal-401.04 omnilex-key=us-nh-regs-official--agency-gal--Gal 401.04}

N.H. Code Admin. R. Ann. Gal 401.05 Denial of Renewal {#sec-gal-401.05 omnilex-key=us-nh-regs-official--agency-gal--Gal 401.05}

N.H. Code Admin. R. Ann. Gal 401.06 Denial of Reinstatement {#sec-gal-401.06 omnilex-key=us-nh-regs-official--agency-gal--Gal 401.06}

N.H. Code Admin. R. Ann. Gal 401.07 Renewal Application Form {#sec-gal-401.07 omnilex-key=us-nh-regs-official--agency-gal--Gal 401.07}

N.H. Code Admin. R. Ann. Gal 401.08 Reinstatement Application Form {#sec-gal-401.08 omnilex-key=us-nh-regs-official--agency-gal--Gal 401.08}

N.H. Code Admin. R. Ann. Gal 401.09 Required Supporting Materials for Renewal Certification {#sec-gal-401.09 omnilex-key=us-nh-regs-official--agency-gal--Gal 401.09}

N.H. Code Admin. R. Ann. Gal 401.10 Required Supporting Materials for Reinstatement {#sec-gal-401.10 omnilex-key=us-nh-regs-official--agency-gal--Gal 401.10}

N.H. Code Admin. R. Ann. Gal 401.11 General Qualifications for Renewal {#sec-gal-401.11 omnilex-key=us-nh-regs-official--agency-gal--Gal 401.11}

N.H. Code Admin. R. Ann. Gal 401.12 Temporary Certification for Purposes of Completion of Appointment {#sec-gal-401.12 omnilex-key=us-nh-regs-official--agency-gal--Gal 401.12}

N.H. Code Admin. R. Ann. Gal 401.13 Qualifications for Reinstatement {#sec-gal-401.13 omnilex-key=us-nh-regs-official--agency-gal--Gal 401.13}

Part Gal 402 Revocation, Suspension and Other Sanctions

N.H. Code Admin. R. Ann. Gal 402.01 Types of Sanctions {#sec-gal-402.01 omnilex-key=us-nh-regs-official--agency-gal--Gal 402.01}

N.H. Code Admin. R. Ann. Gal 402.02 Standard for Imposition of Penalties and Sanctions {#sec-gal-402.02 omnilex-key=us-nh-regs-official--agency-gal--Gal 402.02}

N.H. Code Admin. R. Ann. Gal 402.03 Revocation of Certification {#sec-gal-402.03 omnilex-key=us-nh-regs-official--agency-gal--Gal 402.03}

N.H. Code Admin. R. Ann. Gal 402.04 Suspension of Certification {#sec-gal-402.04 omnilex-key=us-nh-regs-official--agency-gal--Gal 402.04}

N.H. Code Admin. R. Ann. Gal 402.05 Alternative to Suspension in Cases Involving a Formerly Certified Guardian ad Litem {#sec-gal-402.05 omnilex-key=us-nh-regs-official--agency-gal--Gal 402.05}

N.H. Code Admin. R. Ann. Gal 402.06 Length of Suspensions and Amount of Fine {#sec-gal-402.06 omnilex-key=us-nh-regs-official--agency-gal--Gal 402.06}

Part Gal 403 Continuing Education

N.H. Code Admin. R. Ann. Gal 403.01 Continuing Education Requirements {#sec-gal-403.01 omnilex-key=us-nh-regs-official--agency-gal--Gal 403.01}

N.H. Code Admin. R. Ann. Gal 403.02 Nature of Continuing Education {#sec-gal-403.02 omnilex-key=us-nh-regs-official--agency-gal--Gal 403.02}

N.H. Code Admin. R. Ann. Gal 403.03 Specific Activities Qualifying for Continuing Education Credits {#sec-gal-403.03 omnilex-key=us-nh-regs-official--agency-gal--Gal 403.03}

N.H. Code Admin. R. Ann. Gal 403.04 Training Approved as Qualifying for Continuing Education Credits {#sec-gal-403.04 omnilex-key=us-nh-regs-official--agency-gal--Gal 403.04}

N.H. Code Admin. R. Ann. Gal 403.05 Additional Activities Qualifying for Continuing Education Credits {#sec-gal-403.05 omnilex-key=us-nh-regs-official--agency-gal--Gal 403.05}

N.H. Code Admin. R. Ann. Gal 403.06 Procedure for Obtaining Approval for Unlisted Activities {#sec-gal-403.06 omnilex-key=us-nh-regs-official--agency-gal--Gal 403.06}

N.H. Code Admin. R. Ann. Gal 403.07 Content of Review Courses Used for Continuing Education Credit {#sec-gal-403.07 omnilex-key=us-nh-regs-official--agency-gal--Gal 403.07}

N.H. Code Admin. R. Ann. Gal 403.08 Mentoring as Continuing Education {#sec-gal-403.08 omnilex-key=us-nh-regs-official--agency-gal--Gal 403.08}