N.H. Rev. Stat. § 169-C:10 — NH Code / Title XII / Chapter 169-C / Section 10
169-C:10 Attorneys and Guardians Ad Litem.
Status: repealed

I. In cases brought pursuant to this chapter involving a neglected or abused child, the court shall appoint a Court Appointed Special Advocate (CASA) or other approved program guardian ad litem for the child. If a CASA or other approved program guardian ad litem is unavailable for appointment, the court may then appoint an attorney or other guardian ad litem as the guardian ad litem for the child. The court shall not appoint an attorney for any guardian ad litem appointed for the child. The CASA or other approved program guardian ad litem shall have the same authority and access to information as any other guardian ad litem. For purposes of this paragraph, "unavailable for appointment" means that there is no CASA or other approved program guardian ad litem available for appointment by the court following a finding of reasonable cause at the preliminary hearing held under RSA 169-C:15 so that the child's interests may effectively be represented in preparation for and at an adjudicatory hearing. II. (a) In cases under this chapter, the court may appoint an attorney to represent the expressed interests of the child. If a child's request for appointment of counsel is denied, the court shall state the reason for denial in an order or on the record. The child shall be notified of the court's decision. In any case of neglect or abuse brought pursuant to this chapter, the court shall appoint an attorney to represent an indigent parent alleged to have neglected or abused his or her child. In addition, the court may appoint an attorney to represent an indigent parent not alleged to have neglected or abused his or her child if the parent is a household member and such independent legal representation is necessary to protect the parent's interest. The court shall not appoint an attorney to represent any other persons involved in a case brought under this chapter. [Paragraph II(b) effective until August 1, 2026; see also paragraph II(b) set out below.] (b) In cases under this chapter, subject to the phase-in schedule established in subparagraph II(e), the court shall appoint an attorney to represent the expressed interests of a child who is placed in any group home or child care institution as defined in RSA 170-E:25 or certified by the department for the care of children placed pursuant to RSA 169-C, or in any state operated residential treatment program. Except in the case of an emergency, if the department determines that the child's needs indicate such placement should be considered, the department shall notify the court within 2 business days of such determination, and the court shall appoint counsel to represent the expressed interests of the child. Such notification shall occur prior to referral for an independent assessment or submission of child-specific information to such placement. In the case of an emergency necessitating immediate placement of a child in a group home, child care institution, or any state operated residential treatment program, the department shall notify the court within 2 business days of such placement. [Paragraph II(b) effective August 1, 2026; see also paragraph II(b) set out above.] (b) In cases under this chapter, the court shall appoint an attorney to represent the expressed interests of a child who is placed in any group home or child care institution as defined in RSA 170-E:25 or certified by the department for the care of children placed pursuant to RSA 169-C, or in any state operated residential treatment program. Except in the case of an emergency, if the department determines that the child's needs indicate such placement should be considered, the department shall notify the court within 2 business days of such determination, and the court shall appoint counsel to represent the expressed interests of the child. Such notification shall occur prior to referral for an independent assessment or submission of child-specific information to such placement. In the case of an emergency necessitating immediate placement of a child in a group home, child care institution, or any state operated residential treatment program, the department shall notify the court within 2 business days of such placement. (c) When an attorney is appointed as counsel for a child, representation may include counsel and investigative, expert and other services, including process to compel the attendance of witnesses, as may be necessary to protect the rights of the child. (d) An attorney appointed as counsel for the child shall have the right to request to view and copy the child's medical, dental, psychological, psychiatric, educational, and counseling records, including those maintained by any group home or child care institution as defined in RSA 170-E:25. Such request shall not be denied except for good cause shown. Records provided to counsel under this subparagraph shall only be used for proceedings under this chapter. [Paragraph II(e) repealed by 2024, 296:5 effective August 1, 2026.] (e)(1) The following phase-in schedule shall apply for the appointment of counsel for children already placed in any group home, childcare institution, or state-operated residential treatment program as of July 1, 2025. Children who are placed in any group home, childcare institution, or state-operated residential treatment program that is located outside of New England as of July 1, 2025 shall be entitled to counsel no later than July 31, 2025. Children who are placed in any group home, childcare institution, or state-operated residential treatment program located within New England as of July 1, 2025 shall be entitled to counsel no later than the following dates: (A) For children 16 and 17 years of age, July 31, 2025. (B) For children 14 and 15 years of age, October 31, 2025. (C) For children 12 and 13 years of age, January 31, 2026. (D) For children 10 and 11 years of age, April 30, 2026 (E) For children 9 years of age or younger, July 31, 2026. (2) Notwithstanding this subparagraph, in any action in which, despite diligent efforts to secure counsel, an attorney is not available for appointment, litigation may proceed until an attorney becomes available. In such cases, the court shall, where possible, prioritize consideration of legal issues that do not affect the child's expressed interests until an attorney becomes available. III. The New Hampshire supreme court shall adopt rules regarding the duties and responsibilities of the CASA guardian ad litem or other guardian ad litem appointed for the child.