Amendment vs bill Amendment #2024-1971h vs latest version

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CHAPTER 296 SB 463-FN - FINAL VERSION 04/11/2024 1466s 04/11/2024 1457s 23May2024...
House Finance May 14, 2024 2024-1971h 09/08 Amendment to SB 463-FN Amend the bill by replacing all after section 1 with the following:
1971h SESSION 24-3021 09/08 SENATE BILL 463-FN AN ACT expanding access to court-appointed counsel for children in dependency proceedings.
3 2 Child Protection Act;
SPONSORS:
Sen.
Carson, Dist 14;
Sen.
Gannon, Dist 23;
Sen.
Whitley, Dist 15;
Rep.
Ball, Rock.
25;
Rep.
M.
Pearson, Rock.
34 COMMITTEE:
Judiciary ───────────────────────────────────────────────────────────────── AMENDED ANALYSIS This bill makes various changes regarding the appointment of counsel for children, including providing a right to an attorney in certain situations, subject to a phase-in schedule.
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Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.] Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
CHAPTER 296 SB 463-FN - FINAL VERSION 04/11/2024 1466s 04/11/2024 1457s 23May2024...
1971h 24-3021 09/08 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty Four AN ACT expanding access to court-appointed counsel for children in dependency proceedings.
Be it Enacted by the Senate and House of Representatives in General Court convened:
296:1 Statement of Findings.
The general court hereby finds that:
I.
Children in child protection proceedings under RSA 169-C experience significant adversity, trauma, and loss.
Some of these children are removed from their homes and placed in group homes or other child care institutions, separating them from their schools, communities, families, and friends.
These children are some of New Hampshire’s most vulnerable.
II.
Children have important legal rights at stake in RSA 169-C proceedings.
In complex abuse and neglect cases, including those in which children are in, or at substantial risk of, institutional placement, legal representation of the child’s expressed interests is necessary to ensure the protection of those rights.
III.
Court-appointed special advocates (CASA) and guardians ad litem (GAL) play important roles in supporting children throughout their involvement in the child protection system.
The appointment of legal counsel for children in RSA 169-C proceedings shall not affect the appointment and role of CASAs or GALs pursuant to RSA 169-C:10, I.
CASAs and GALs shall continue to play an important role in advocating for the best interests of the child.
IV.
Providing counsel for children in child protection cases is a nationally recognized best practice.
Children who have legal representation feel a sense of agency over the outcomes in their cases and often obtain better results than those without representation, including a reduction of time to permanency.
296:2 Child Protection Act;
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CHAPTER 296 SB 463-FN - FINAL VERSION - Page 2 - II.(a) In cases [involving a neglected or abused child] under this chapter, [where the child's expressed interests conflict with the recommendation for dispositional orders of the guardian ad litem,] the court may appoint an attorney to represent the expressed interests of the child.
II.(a) In cases [involving a neglected or abused child] under this chapter, [where the child's expressed interests conflict with the recommendation for dispositional orders of the guardian ad litem,] the court may appoint an attorney to represent the expressed interests of the child.
(b) In cases under this chapter, subject to the phase-in schedule established in subparagraph II(e), the court shall appoint an attorney to represent the expressed interests of a child who is placed in any group home or child care institution as defined in RSA 170-E:25 or certified by the department for the care of children placed pursuant to RSA 169-C, or in any state operated residential treatment program.
(b) In cases under this chapter, subject to the phase-in schedule established in subparagraph II(e), the court shall appoint an attorney to represent the expressed interests of a child who is placed in any group home or child care institution as defined in RSA 170- E:25 or certified by the department for the care of children placed pursuant to RSA 169-C, or in any state operated residential treatment program.
Except in the case of an emergency, if the department determines that the child's needs indicate such placement should be considered, the department shall notify the court within 2 business days of such determination, and the court shall appoint counsel to represent the expressed interests of the child.
Except in the case of an Amendment to SB 463-FN - Page 2 - emergency, if the department determines that the child's needs indicate such placement should be considered, the department shall notify the court within 2 business days of such determination, and the court shall appoint counsel to represent the expressed interests of the child.
[(b)] (c) 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 to protect the rights of the child.
[(b)] (c)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 to protect the rights of the child.
(e)(1) The following phase-in schedule shall apply for the appointment of counsel for children already placed in any group home, childcare institution, or state-operated residential treatment program as of July 1, 2025.
(e)(1) The following phase-in schedule shall apply for the appointment of counsel for children already placed in any group home, childcare institution, or state- operated residential treatment program as of July 1, 2025.
Children who are placed in any group home, childcare institution, or state-operated residential treatment program located within New England as of July 1, 2025 shall be entitled to counsel no later than the following dates:
Children who are placed in any group home, childcare institution, or state- operated residential treatment program located within New England as of July 1, 2025 shall be entitled to counsel no later than the following dates:
CHAPTER 296 SB 463-FN - FINAL VERSION - Page 3 - (D) For children 10 and 11 years of age, April 30, 2026 (E) For children 9 years of age or younger, July 31, 2026.
(D) For children 10 and 11 years of age, April 30, 2026 (E) For children 9 years of age or younger, July 31, 2026.
296:3 2026 Statutory Change Following Repeal of Subparagraph;
Amendment to SB 463-FN - Page 3 - 3 2026 Statutory Change Following Repeal of Subparagraph;
Amend RSA 169-C:10, II(b) to read as follows:
Amend RSA 169-C:10 to read as follows:
Except in the case of an emergency, if the department determines that the child's needs indicate such placement should be considered, the department shall notify the court within 2 business days of such determination, and the court shall appoint counsel to represent the expressed interests of the child.
Except in the case of an emergency, if the department determines that the child's needs indicate such placement should be considered, the department shall notify the court within 2 business days of such determination, and the court shall appoint counsel to represent the expressed interests of the child.Such notification shall occur prior to referral for an independent assessment or submission of child-specific information to such placement.
Such notification shall occur prior to referral for an independent assessment or submission of child-specific information to such placement.
296:4 New Paragraph;
4 New Paragraph;
296:5 Prospective Repeal.
5 Prospective Repeal.
296:6 Effective Date.
6 Effective Date.
Approved:
Amendment to SB 463-FN - Page 4 - 2024-1971h AMENDED ANALYSIS This bill makes various changes regarding the appointment of counsel for children, including providing a right to an attorney in certain situations, subject to a phase-in schedule.
July 26, 2024 Effective Date:
I.
Sections 3 and 5 effective August 1, 2026 II.
Remainder effective July 1, 2025