New Hampshire Administrative Code

(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 in…

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 clai…

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…

(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 i…

(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 …

(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 oth…

(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 (a), II or offered by the board; (2) Encompass instruction on primary issues and on recent devel…

(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…

All certified and formerly certified guardians 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 descri…

(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 residen…

(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 certificat…

(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 th…

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 l…

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 (e), I, formerly certified guardians ad litem alleged to have engaged in acts or omissions pr…

"Appointing court" means a court which appoints a guardian ad litem to serve in a particular case. Notes N.H. Admin. Code § Gal 502.01 #8941, eff 9-15-07 Amended by Volume XXXVI Number 45, Filed November 10, 2016, Proposed by #12010, Effective 10/21/2016, Expires 11/1/2026.…

"Central registry of founded abuse and neglect reports" means the registry established under RSA 169-C:35. Notes N.H. Admin. Code § Gal 502.02 #8941, eff 9-15-07 Amended by Volume XXXVI Number 45, Filed November 10, 2016, Proposed by #12010, Effective 10/21/2016, Expires 11/1/202…

"Constituent" means a person who is a resident of a community represented by an elected official. Notes N.H. Admin. Code § Gal 502.03 #8941, eff 9-15-07 Amended by Volume XXXVI Number 45, Filed November 10, 2016, Proposed by #12010, Effective 10/21/2016, Expires 11/1/2026.

"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. Notes N.H. Admin. Code § Gal 502.04 #8941, eff 9-15-07 Amended by Volume XXXVI Number 45, Filed November 10,…

"Frivolous" means without merit and without a good faith justification in fact, allegations of fact, law, or reason. Notes N.H. Admin. Code § Gal 502.05 #8941, eff 9-15-07 Amended by Volume XXXVI Number 45, Filed November 10, 2016, Proposed by #12010, Effective 10/21/2016, Expire…

"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 objectiv…

"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. Notes N…

"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. Notes N.H. Admin. Code § Gal 502.08 #8941, eff 9-…

"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 hearin…

"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. Notes N.H. Admin. Code § Gal 502.10 #8941, eff 9-15-07 Amended by Volume XXXVI Number 45, Filed …

(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 standard…

(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…

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…

(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…

(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 …

(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 p…

(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…

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 appointme…

A guardian ad litem shall not knowingly misrepresent his or her experience, education, certifications, or skills. Notes N.H. Admin. Code § Gal 503.09 #8941, eff 9-15-07 Amended by Volume XXXVI Number 45, Filed November 10, 2016, Proposed by #12010, Effective 10/21/2016, Expires 1…

(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 …

(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) F…

(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 o…

(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…

(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 …

(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 forth…

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 bel…

(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 notificati…

Unless an insufficient number of publicly-funded guardian ad litem appointments are made available in the courts or geographical areas in which a guardian ad litem has indicated on his or her application, renewal or recertification form that he or she is willing to serve, a guard…

(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 notificati…

(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…

(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 ap…

(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 …

(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 ser…