This bill amends the child protection act (RSA 169-C) to ensure that children in child protection cases have the right to be represented by counsel. It mandates the appointment of counsel for children when they are considered for placement in a group home or child care institution and requires the court to provide a reason if a child's request for counsel is denied. The bill also grants appointed attorneys access to the child's records and mandates the appointment of counsel for indigent parents in neglect or abuse cases. Additionally, it adds a paragraph to the foster care children's bill of rights about informing children of their right to request an attorney. The bill is set to take effect on January 1, 2025, and the fiscal impact is indeterminable at this time. The Judicial Council expects an increase in cases where children are appointed counsel, but the bill does not provide additional funding or authorize new positions.

The Department of Health and Human Services (DHHS) anticipates the need for five new staff attorneys and 14 additional Child Protective Service Workers (CPSW) due to the bill, with estimated costs outlined for fiscal years 2025 through 2027. The Judicial Branch predicts that review hearings in RSA 169-C cases will require more time, estimating an additional 240 hours of judicial time per year at a cost of about $41,500 annually for a full-time judicial officer. Concerns about potential delays and increased litigation costs due to a current shortage of attorneys to represent children are also noted, and the bill does not provide a procedure for when an attorney is not available. The DHHS, Judicial Council, and Judicial Branch have been consulted regarding the bill.

Statutes affected:
Introduced: 169-C:10
As Amended by the House: 169-C:10, 170-G:21