Bill Text: NH HB1343 | 2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relative to guardian ad litem fees.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-08-04 - Signed by the Governor on 8/1/2014; Chapter 0301; Effective Date 9/30/2014. [HB1343 Detail]

Download: New_Hampshire-2014-HB1343-Introduced.html

HB 1343 – AS INTRODUCED

2014 SESSION

14-2566

05/03

HOUSE BILL 1343

AN ACT relative to guardian ad litem fees and complaints.

SPONSORS: Rep. A. White, Graf 13

COMMITTEE: Children and Family Law

ANALYSIS

This bill directs the guardian ad litem board to examine the circumstances under which the maximum fees for guardians ad litem may be exceeded. The bill also directs the board to hear complaints involving pending cases unless the board votes for good cause to stay or dismiss the complaint without prejudice.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

14-2566

05/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fourteen

AN ACT relative to guardian ad litem fees and complaints.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Guardian Ad Litem Board; Cost and Fee Structure. Amend RSA 490-C:4, I(b) to read as follows:

(b) Investigate the current cost and fee structure established under New Hampshire supreme court rules 48 and 48-A, including the increments, total amount and circumstances under which the maximum fee may be exceeded or additional fees authorized which shall include an investigation into the billing requirements, accountability controls, and required transparency in how certified guardians ad litem account for their time and fees, and make recommendations to the legislature and the supreme court for appropriate action as necessary.

2 Guardian Ad Litem Board; Complaints. Amend RSA 490-C:4, I(g) to read as follows:

(g) Investigate and resolve complaints against certified guardians ad litem, and against formerly certified guardians ad litem who are claimed to have engaged in acts or omissions prohibited when certified. The board may, upon the submission of a written allegation or complaint against a presently or formerly certified guardian ad litem who holds, held, or may hold an appointment in a case under the authority of a court, refer that matter to the appropriate court for investigation, resolution, or other action. Such referral may be made regardless of whether the allegation or complaint relates to a case which is then pending in court and may be made in lieu of or in addition to any investigatory or disciplinary procedures that the board may itself be authorized to pursue. [The board may further informally resolve complaints by agreement. A complaint relating to a trial or judicial proceeding in progress shall be dismissed without prejudice, unless the board for good cause votes to proceed immediately with such complaint.] The board shall act on any complaint related to a pending trial or judicial proceeding prior to the next scheduled hearing or mediation session in the case unless the board for good cause votes to stay or dismiss the complaint without prejudice.

3 Effective Date. This act shall take effect 60 days after its passage.

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