SB 463-FN is a bill designed to amend existing child protection laws to ensure that children in dependency proceedings have enhanced legal representation. It removes the previous condition that an attorney could only be appointed if the child's interests conflicted with the recommendations of a guardian ad litem (GAL), now allowing for the appointment of an attorney to represent the child's expressed interests. Additionally, the bill requires the court to provide a reason if a request for counsel is denied and mandates the appointment of an attorney for children in group homes or state-operated facilities. Attorneys appointed under this bill will have the right to access the child's records to aid in legal proceedings, barring any good cause for denial.

The bill outlines a phase-in schedule for the implementation of these provisions, with full implementation by July 31, 2026, for children within New England and by July 31, 2025, for those outside of New England. It also addresses the potential for increased state expenditures, estimating an annual cost of $2 million from combined general and federal funds starting in FY 2026, and authorizes the creation of new staff attorney and child protective service worker positions. However, the allocated funds for the FY24/25 biennium may not cover all the new positions. The bill requires the New Hampshire Supreme Court to adopt rules regarding the duties of CASAs and GALs, and it allows for proceedings to continue without appointed counsel if necessary, provided that the legal issues do not affect the child's expressed interests. The bill's various sections have different effective dates, with the main provisions taking effect on July 1, 2025, and others on August 1, 2026.

Statutes affected:
Introduced: 169-C:10, 170-G:21
As Amended by the Senate: 169-C:10, 170-G:21
As Amended by the House: 169-C:10, 170-G:21
Version adopted by both bodies: 169-C:10, 170-G:21