additional commentary by Rep. Timothy Horrigan; February 24, 2013
These bills are identical except one of them has a funding mechanism. That would be HB 651, of which I am the prime sponsor. Even though this bill would cost money, the Governor has endorsed the basic idea behind it, and she has even called for $300,000/year in funding for counsel for indigent families. That's not really enough money to meet the needs of indigent families, but it's better than what they have now to meet those needs, which is nothing. The funding mechanism (a percentage of court fees) actually could raise $300,00/.year.
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HB 651-FN-A – AS INTRODUCED 2013 SESSION 13-0337 09/10 HOUSE BILL 651-FN-A AN ACT restoring funding and payment of fees by the judicial council for indigent parties. SPONSORS: Rep. Horrigan, Straf 6; Rep. Coulombe, Coos 3 COMMITTEE: Children and Family Law ANALYSIS This bill restores funding and payment of fees by the judicial council for indigent parties. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Explanation: Matter added to current law appears in bold italics. Matter removed from
current law appears [ Matter which is either (a) all new or (b) repealed and reenacted appears in regular type. |
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13-0337 09/10 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Thirteen AN ACT restoring funding and payment of fees by the judicial council for indigent parties. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Subparagraph; Special Fund. Amend RSA 6:12, I(b) by inserting after subparagraph 310 the following new subparagraph: (311) All moneys collected pursuant to RSA 461-A:7, X, which shall be deposited into the special fund for mediator and guardian ad litem services. 2 Payment of Mediator Fees by Indigent Parties. RSA 461-A:7, X is repealed and reenacted to read as follows: X. In the event both parties are indigent, the mediator shall be paid a set fee for his or her services. The amount of the fee shall be set annually by supreme court rule. The court may order each party to pay a proportional amount of said fee. The fee shall be paid from the special fund established pursuant to RSA 461-A:17 and repaid by the parties in accordance with RSA 461-A:18. 3 Guardian Ad Litem Fees. Amend RSA 461-A:16, IV to read as follows: IV. The fees for services for the guardian ad litem and others utilized by the guardian and approved by the court shall be a charge against the parties in a proportional amount as the court may determine. Where the parties are indigent, compensation for guardians ad litem and others utilized by the guardian and approved by the court shall be based upon the applicable fee schedule established by the supreme court for indigent defense counsel. 4 Parental Rights and Responsibilities. Amend the introductory paragraph of RSA 461-A:16, VI to read as follows: VI. The supreme
court shall provide the following relative to [ 5 Guardians Ad Litem and Mediators; Liability for Expenses. RSA 461-A:17 is repealed and reenacted to read as follows: 461-A:17 Special Fund Established. The supreme court shall establish a separate fund in which to deposit a percentage of the entry fee paid to each clerk of court with each petition in domestic relations cases for the compensation of mediators, appointed pursuant to RSA 461-A:7, and guardians ad litem, appointed pursuant to RSA 461-A:16, when the parents are indigent. The supreme court shall determine by rule the percentage amount of the entry fee for each petition to be deposited into the fund, but at no time shall the percentage amount exceed 50 percent of the entry fee for each petition. Payments for services provided shall be paid by the judicial council. 6 Mediation and Arbitration Fund. Amend RSA 490-E:4, I(a) to read as follows: (a) All moneys
collected pursuant to [ 7 Child Protection Act; Liability of Expenses. Amend RSA 169-C:27, I(f) to read as follows: (f) [ 8 Adequate Representation Costs. Amend RSA 604-A:1-a to read as follows: 604-A:1-a Neglected or Abused Children. In cases involving a neglected or abused child, when a guardian ad litem is appointed for the child as provided in RSA 169-C:10, the cost of such appointment shall be paid from funds appropriated for indigent defense pursuant to this chapter. In cases involving a neglected or abused child, when an attorney is appointed to represent a parent determined to be indigent pursuant to RSA 169-C:10, II, the cost of such appointment shall be paid from funds appropriated for indigent defense pursuant to this chapter. 9 Child Protection Act; Guardians Ad Litem. Amend RSA 169-C:10, I to read as follows: I. In cases
brought pursuant to this chapter involving a
neglected or abused child, the court shall
appoint a guardian ad
litem or Court Appointed
Special Advocate (CASA) [ 10 Child Protection Act; Preliminary Hearing. Amend RSA 169-C:15, III(a) to read as follows: (a) Appoint [ 11 Child Protection Act; Appointment of Counsel. Amend RSA 169-C:10, II(a) to read as follows: (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 interests of the child. In any case of neglect or abuse brought pursuant to this chapter, the court shall appoint an attorney to represent an indigent parent alleged to have neglected or abused his or her child. In addition, the court may appoint an attorney to represent an indigent parent not alleged to have neglected or abused his or her child if the parent is a household member and such independent legal representation is necessary to protect the parent's interest. The court shall not appoint an attorney to represent any other persons involved in a case brought under this chapter. 12 Termination of Parental Rights. Amend RSA 170-C:13 to read as follows: 170-C:13 Fees and Court Costs. [
[ 13 Effective Date. This act shall take effect July 1, 2013. |
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LBAO 13-0337 01/29/13 HB 651-FN-A - FISCAL NOTE AN ACT restoring funding and payment of fees by the judicial council for indigent parties. FISCAL IMPACT: The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill, as introduced, as it is awaiting information from the Judicial Branch. When completed, the fiscal note will be forwarded to the House Clerk's Office. |
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HB 671-FN – AS INTRODUCED 2013 SESSION 13-0420 09/04 HOUSE BILL 671-FN AN ACT restoring state payment of fees for guardians ad litem and attorneys where the parents are indigent. SPONSORS: Rep. Coulombe, Coos 3; Rep. Horrigan, Straf 6; Rep. Gale, Hills 28 COMMITTEE: Children and Family Law ANALYSIS This bill restores state payment of fees for guardians ad litem and attorneys where the parents are indigent. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Explanation: Matter added to current law appears in bold italics. Matter removed from
current law appears [ Matter which is either (a) all new or (b) repealed and reenacted appears in regular type. |
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13-0420 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Thirteen AN ACT restoring state payment of fees for guardians ad litem and attorneys where the parents are indigent. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Guardian Ad Litem Fees. Amend RSA 461-A:16, IV to read as follows: IV. The fees for services for the guardian ad litem and others utilized by the guardian and approved by the court shall be a charge against the parties in a proportional amount as the court may determine. Where the parties are indigent, compensation for guardians ad litem and others utilized by the guardian and approved by the court shall be based upon the applicable fee schedule established by the supreme court for indigent defense counsel. 2 Parental Rights and Responsibilities. Amend the introductory paragraph of RSA 461-A:16, VI to read as follows: VI. The supreme
court shall provide the following relative to [ 3 Child Protection Act; Liability of Expenses. Amend RSA 169-C:27, I(f) to read as follows: (f) [ 4 Adequate Representation Costs. Amend RSA 604-A:1-a to read as follows: 604-A:1-a Neglected or Abused Children. In cases involving a neglected or abused child, when a guardian ad litem is appointed for the child as provided in RSA 169-C:10, the cost of such appointment shall be paid from funds appropriated for indigent defense pursuant to this chapter. In cases involving a neglected or abused child, when an attorney is appointed to represent a parent determined to be indigent pursuant to RSA 169-C:10, II, the cost of such appointment shall be paid from funds appropriated for indigent defense pursuant to this chapter. 5 Child Protection Act; Guardians Ad Litem. Amend RSA 169-C:10, I to read as follows: I. In cases
brought pursuant to this chapter involving a
neglected or abused child, the court shall
appoint a guardian ad
litem or Court Appointed
Special Advocate (CASA) [ 6 Child Protection Act; Preliminary Hearing. Amend RSA 169-C:15, III(a) to read as follows: (a) Appoint [ 7 Child Protection Act; Appointment of Counsel. Amend RSA 169-C:10, II(a) to read as follows: (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 interests of the child. In any case of neglect or abuse brought pursuant to this chapter, the court shall appoint an attorney to represent an indigent parent alleged to have neglected or abused his or her child. In addition, the court may appoint an attorney to represent an indigent parent not alleged to have neglected or abused his or her child if the parent is a household member and such independent legal representation is necessary to protect the parent's interest. The court shall not appoint an attorney to represent any other persons involved in a case brought under this chapter. 8 Termination of Parental Rights. Amend RSA 170-C:13 to read as follows: 170-C:13 Fees and Court Costs. [
[ 9 Effective Date. This act shall take effect July 1, 2013.
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LBAO Revised 02/20/13 HB 671 FISCAL NOTE AN ACT restoring state payment of fees for guardians ad litem and attorneys where the parents are indigent. FISCAL IMPACT: The Judicial Branch and the Judicial Council state this bill, as introduced, will increase state expenditures by an indeterminable amount in FY 2014 and each fiscal year thereafter. There will be no fiscal impact on state, county, and local revenues, or county and local expenditures. METHODOLOGY: The Judicial Branch and the Judicial Council state this bill restores state payment of fees for guardians ad litem in domestic cases, attorneys in abuse and neglect cases, and attorneys and guardians ad litem in termination of parental right cases for parents determined to be indigent. The Judicial Branch states the provision of the proposed legislation establishing compensation for guardians ad litem and others utilized by the guardian and approved by the court shall be based upon the applicable fee schedule established by the Supreme Court for indigent defense counsel for parents in proceedings for divorce, separation, annulment, paternity, or determination of parental rights and responsibilities determined to be indigent represents a return to statutory requirements in place prior to changes made to state statute in 2011 (Chapter 224:65-79, Laws of 2011). Assuming the Branch would bear the financial responsibility for this provision of the proposed legislation and based on financial data from FY 2010, the most recent fiscal year in which the state bore this financial responsibility in its entirety, the Branch estimates this provision of the bill would increase state expenditures by $1,100,000 in FY 2014 and each fiscal year thereafter. Similarly, the Branch states the provisions of the proposed legislation requiring the Judicial Council to pay for counsel assigned to represent indigent parents in abuse and neglect proceedings represents a reversal of changes made to statute in 2011. The Branch notes the 2011 legislative change was challenged and the Supreme Court ruled the state was obligated to make "a determination of whether appointed counsel is necessary to adequately reduce the risk of erroneous deprivation". Since that ruling, the Branch states they have been paying the cost of assigned council for indigent parents in abuse and neglect cases. Although the proposed legislation assigns this financial responsibility to the Judicial Council, the Branch states their budgetary estimate of the costs of providing counsel to indigent parents in abuse and neglect cases for FY 2014 and FY 2015 is $600,000 per fiscal year. Accordingly, the Branch estimates this provision of the proposed legislation will reduce Branch expenditures by $600,000 in FY 2014 and each fiscal year thereafter. Based on FY 2010 costs associated with the provision of counsel assigned to represent indigent parents in abuse and neglect proceedings, the Judicial Council estimates the reestablishment of this requirement as provided for in the proposed legislation will increase Judicial Council expenditures by $1,200,000 in FY 2014. The Council believes by working in conjunction with the Judicial Branch various methods of reducing these costs including such things as the establishment of fixed fee contracts and rigorous enforcement of fee caps could be devised. However, the Council is unable to estimate to what extent these measures would reduce the estimated expenditures of $1,200,000 in FY 2015 and each fiscal year thereafter. The Council also notes the proposed legislation removes the statutory requirement for the court to first seek to appoint a Court Appointed Special Advocate (CASA) volunteer prior to the assignment of a certified guardian ad litem and instead allows the court to appoint either a CASA volunteer or a certified guardian ad litem at their own discretion. The Council notes to the extent the courts appoint certified guardians ad litem over CASA volunteers state expenditures would increase. The Council is unable to estimate to what extent this provision of the proposed legislation would increase state expenditures. The Judicial Council also estimates it would require the addition of at least one half time account technician to handle the increased workload associated with processing payments for counsel appointed to indigent parents for abuse and neglect matters. The Council states the addition of a half time account technician would increase state expenditures by $14,283 in FY 2014 and each fiscal year thereafter. The Judicial Branch and the Judicial Council state the proposed legislation's provision transitioning the financial responsibility for payment of guardians ad litem appointed in cases involving the termination of parental rights from the Branch to the Council will have no fiscal impact on state expenditures. This bill does not contain an appropriation or authorize any additional positions. |
On Valentines Day, the Governor issued an "Executive Budget Summary 2014-2015" which began with six pages of bullet points. Most of these bullets points avoided calling for any extra expenditures, but Governor Hassan did call for some spending in this reccomendation in her"public safety" section:
[This budget r]esponsibly funds the Judicial Council, including restoring $600,000 of funding over the biennium for attorneys for indigent parents accused of abuse or neglect.
This was about 25% of what the state spent on those attorneys pre-2011, but I was glad to see even this much in the budget message.
In late February and early March, the Children and Family Law Committee dealt with HB 651 and HB 671. My bill, HB 651, was deemed "Inexpedient to Legislate" and died quietly on March 6, 2013. Rep. Coulombe's bill HB 671 was used as the vehicle for the following amendment. This version of the bill would cost about $1.2 million a year:
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HB 671-FN – AS AMENDED BY THE HOUSE 6Mar2013… 0431h 6Mar2013… 0564h 2013 SESSION 13-0420 09/04 HOUSE BILL 671-FN AN ACT restoring state payment of fees for attorneys in child abuse and neglect cases where the parents are indigent. SPONSORS: Rep. Coulombe, Coos 3; Rep. Horrigan, Straf 6; Rep. Gale, Hills 28 COMMITTEE: Children and Family Law AMENDED ANALYSIS This bill restores state payment of fees for attorneys in child abuse and neglect cases where the parents are indigent. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Explanation: Matter added to current law appears in bold italics. Matter removed from
current law appears [ Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
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6Mar2013… 0431h 13-0420 09/04 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Thirteen AN ACT restoring state payment of fees for attorneys in child abuse and neglect cases where the parents are indigent. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Child Protection Act; Liability of Expenses. Amend RSA 169-C:27, I(f) to read as follows: (f) [ 2 Adequate Representation Costs. Amend RSA 604-A:1-a to read as follows: 604-A:1-a Neglected or Abused Children. In cases involving a neglected or abused child, when a guardian ad litem is appointed for the child as provided in RSA 169-C:10, the cost of such appointment shall be paid from funds appropriated for indigent defense pursuant to this chapter. In cases involving a neglected or abused child, when an attorney is appointed to represent a parent determined to be indigent pursuant to RSA 169-C:10, II, at the preliminary hearing or a hearing pursuant to RSA 169-C:6-a, III, whichever occurs earlier, the cost of such appointment shall be paid from funds appropriated for indigent defense pursuant to this chapter. 3 Child Protection Act; Preliminary Hearing. Amend RSA 169-C:15, III(a) to read as follows: (a) Appoint a CASA
or other approved program guardian ad litem or
an attorney [ 4 Child Protection Act; Appointment of Counsel. Amend RSA 169-C:10, II(a) to read as follows: (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 interests of the child. In any case of neglect or abuse brought pursuant to this chapter, the court shall appoint an attorney to represent an indigent parent alleged to have neglected or abused his or her child. In addition, the court may appoint an attorney to represent an indigent parent not alleged to have neglected or abused his or her child if the parent is a household member and such independent legal representation is necessary to protect the parent's interest. The court shall not appoint an attorney to represent any other persons involved in a case brought under this chapter. 5 Effective Date. This act shall take effect July 1, 2013. |
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LBAO 13-0420 Revised 02/20/13 HB 671 FISCAL NOTE AN ACT restoring state payment of fees for guardians ad litem and attorneys where the parents are indigent. FISCAL IMPACT: The Judicial Branch and the Judicial Council state this bill, as introduced, will increase state expenditures by an indeterminable amount in FY 2014 and each fiscal year thereafter. There will be no fiscal impact on state, county, and local revenues, or county and local expenditures. METHODOLOGY: The Judicial Branch and the Judicial Council state this bill restores state payment of fees for guardians ad litem in domestic cases, attorneys in abuse and neglect cases, and attorneys and guardians ad litem in termination of parental right cases for parents determined to be indigent. The Judicial Branch states the provision of the proposed legislation establishing compensation for guardians ad litem and others utilized by the guardian and approved by the court shall be based upon the applicable fee schedule established by the Supreme Court for indigent defense counsel for parents in proceedings for divorce, separation, annulment, paternity, or determination of parental rights and responsibilities determined to be indigent represents a return to statutory requirements in place prior to changes made to state statute in 2011 (Chapter 224:65-79, Laws of 2011). Assuming the Branch would bear the financial responsibility for this provision of the proposed legislation and based on financial data from FY 2010, the most recent fiscal year in which the state bore this financial responsibility in its entirety, the Branch estimates this provision of the bill would increase state expenditures by $1,100,000 in FY 2014 and each fiscal year thereafter. Similarly, the Branch states the provisions of the proposed legislation requiring the Judicial Council to pay for counsel assigned to represent indigent parents in abuse and neglect proceedings represents a reversal of changes made to statute in 2011. The Branch notes the 2011 legislative change was challenged and the Supreme Court ruled the state was obligated to make "a determination of whether appointed counsel is necessary to adequately reduce the risk of erroneous deprivation". Since that ruling, the Branch states they have been paying the cost of assigned council for indigent parents in abuse and neglect cases. Although the proposed legislation assigns this financial responsibility to the Judicial Council, the Branch states their budgetary estimate of the costs of providing counsel to indigent parents in abuse and neglect cases for FY 2014 and FY 2015 is $600,000 per fiscal year. Accordingly, the Branch estimates this provision of the proposed legislation will reduce Branch expenditures by $600,000 in FY 2014 and each fiscal year thereafter. Based on FY 2010 costs associated with the provision of counsel assigned to represent indigent parents in abuse and neglect proceedings, the Judicial Council estimates the reestablishment of this requirement as provided for in the proposed legislation will increase Judicial Council expenditures by $1,200,000 in FY 2014. The Council believes by working in conjunction with the Judicial Branch various methods of reducing these costs including such things as the establishment of fixed fee contracts and rigorous enforcement of fee caps could be devised. However, the Council is unable to estimate to what extent these measures would reduce the estimated expenditures of $1,200,000 in FY 2015 and each fiscal year thereafter. The Council also notes the proposed legislation removes the statutory requirement for the court to first seek to appoint a Court Appointed Special Advocate (CASA) volunteer prior to the assignment of a certified guardian ad litem and instead allows the court to appoint either a CASA volunteer or a certified guardian ad litem at their own discretion. The Council notes to the extent the courts appoint certified guardians ad litem over CASA volunteers state expenditures would increase. The Council is unable to estimate to what extent this provision of the proposed legislation would increase state expenditures. The Judicial Council also estimates it would require the addition of at least one half time account technician to handle the increased workload associated with processing payments for counsel appointed to indigent parents for abuse and neglect matters. The Council states the addition of a half time account technician would increase state expenditures by $14,283 in FY 2014 and each fiscal year thereafter. The Judicial Branch and the Judicial Council state the proposed legislation's provision transitioning the financial responsibility for payment of guardians ad litem appointed in cases involving the termination of parental rights from the Branch to the Council will have no fiscal impact on state expenditures. This bill does not contain an appropriation or authorize any additional positions. |
While the Children & Family Committee was working on HB 671, the Governor released her version of HB 2, the "budget trailer" bill. Section 81 through 83 (out of 158 in all) are very similar to the amended version of HB 671. Ostensibly, the proposal embodied in these three sections will cost just $300,000/year:
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Explanation:
Matter added to current law appears in bold italics. |
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81 Child Protection Act; Appointment of Counsel. Amend RSA 169-C:10, II(a) to read as follows: (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 interests of the child. In cases of neglect or abuse brought pursuant to this chapter, appointment of an attorney to represent an indigent parent alleged to have neglected or abused his or her child shall be made only when, under the circumstances of the particular case, the court determines that the assistance of counsel is necessary to protect the indigent parent's right to due process. 82 Child Protection Act; Liability for Expenses. Amend RSA 169-C:27, I(f) to read as follows: (f) [ 83 Adequate Representation Costs. Amend RSA 604-A:1-a to read as follows: 604-A:1-a Neglected or Abused Children. In cases involving a neglected or abused child, when a guardian ad litem is appointed for the child as provided in RSA 169-C:10, the cost of such appointment shall be paid from funds appropriated for indigent defense pursuant to this chapter. In cases involving a neglected or abused child, when an attorney is appointed to represent a parent determined to be indigent pursuant to RSA 169-C:10, II(a), the cost of such appointment shall be paid from funds appropriated for indigent defense pursuant to this chapter.
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All My 2013 Bills:
HB 127 "relative to the state minimum hourly rate" & HB 501 "relative to the minimum wage"
HB 129: "relative to access to galleries in the general court"
HB 473: "relative to retirement system status for members of the university system police force"
HB 579: "establishing an independent legislative redistricting commission"
See Also:
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