The bill SB 463-FN proposes amendments to the current law to enhance the legal representation of children in dependency proceedings. It removes the previous limitation that allowed the court to appoint an attorney for a child only when there was a conflict between the child's expressed interests and the recommendations of the guardian ad litem (GAL). Now, the bill requires the appointment of an attorney to represent the expressed interests of any child placed in a group home, child care institution, or state-operated residential treatment program, with a phase-in schedule starting on July 1, 2025. The bill also ensures that if a child's request for counsel is denied, the court must provide a reason for the denial, and the child must be informed of the decision. Additionally, it grants appointed attorneys the right to access the child's records for use in proceedings.

The bill outlines a phased schedule for the appointment of counsel for children based on their age, with specific deadlines for children aged 10 and 11 by April 30, 2026, and for children aged 9 or younger by July 31, 2026. It allows for proceedings to continue without an appointed attorney if one is not available, provided that the court prioritizes issues that do not affect the child's expressed interests. The bill also requires the New Hampshire supreme court to adopt rules regarding the duties of CASA guardians ad litem or other appointed guardians. It ensures that children are informed of their right to request an attorney and the guaranteed right to an attorney in child protection cases. The bill repeals the phase-in schedule for the appointment of counsel and sets the effective dates for different sections of the act, with Sections 3 and 5 effective on August 1, 2026, and the remainder effective on July 1, 2025.

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
CHAPTERED FINAL VERSION: 169-C:10, 170-G:21