A CHILD'S RIGHT TO COUNSEL - Children's Advocacy Institute

NewHampshireScore: 66Grade: D1. Does state law mandate thatattorneys be appointed forchildren in dependencyproceedings?Points: 15 out of 40―In cases involving a neglected or abused child under this chapter, where the child‘sexpressed interests conflict with the recommendation for dispositional orders of theguardian ad litem, the court may appoint an attorney to represent the interests of thechild‖ (RSA 169-C:10).Basis for deduction: under New Hampshire law, appointment of an attorney torepresent a child is discretionary.2. When an attorney isappointed for a child independency proceedings, doesstate law define the duration ofthe appointment?Points: 5 out of 10Basis for deduction: New Hampshire law does not expressly guarantee that childrenwill be represented by an attorney during appeals.3. When an attorney isappointed for a child independency proceedings, doesstate law require the attorney toadvocate for the expressedwishes of the child in a clientdirectedmanner?Points: 20 out of 20―In cases involving a neglected or abused child under this chapter, where the child‘sexpressed interests conflict with the recommendation for dispositional orders of theguardian ad litem, the court may appoint an attorney to represent the interests of thechild‖ (RSA 169-C:10). ―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 toprotect the rights of the child‖ (RSA 169-C:10).4. To what extent arespecialized education and/ortraining requirements for thechild’s counsel required by statelaw? Is such education and/ortraining required to includemultidisciplinary elements?Points: 6 out of 10Basis for deduction: New Hampshire law does not require specific training forattorneys appointed pursuant to RSA 169-C:10. However, New Hampshire‘s Guardianad Litem Board has established training requirements that are mandatory for GALs(―[g]eneral guardian ad litem training shall consist of a single course of study of at least16 hours of training‖ (see Administrative Rules, Chapter GAL 303.02)).88 Second Edition: A CHILD‘S RIGHT TO COUNSEL