N.H. Code Admin. R. Gal 503.02

Current through Register No. 25, June 20, 2024
Section Gal 503.02 - General Obligations of All Guardians Ad Litem
(a) Unless otherwise specified in an order or other instruction of the appointing court, a guardian ad litem shall at all times act as a reasonable person would in the best interests of the recipient of services.
(b) A guardian ad litem shall reach an independent conclusion about what is in the best interest of the recipient of services or such other matter as may be required by the orders or instructions of the appointing court.
(c) A guardian ad litem shall perform those duties assigned to him or her by the appointing court.
(d) A guardian ad litem shall, in good faith:
(1) Formulate a recommendation, or such other report as is directed by the appointing court, as is intended to address the best interests of the recipient of services or such other matter as directed by the orders or other instructions of the appointing court; and
(2) Develop a presentation to the court that is designed to achieve results that are in the best interests of the recipient of services or such other result as set forth in the orders or other instructions of the appointing court.
(e) A guardian ad litem who believes that he or she is deficient in skill or knowledge regarding a material issue in a case shall take such action as he or she, in good faith, believes:
(1) Will enable him or her to obtain such skill or knowledge; and
(2) Is consistent with the best interests of the recipient of services.
(f) A guardian ad litem shall seek to enlist the assistance of a person or persons that the guardian ad litem believes, in good faith, possesses skill and knowledge relative to a material issue if the guardian ad litem believes that to do so is necessary under paragraph (e) above.
(g) If a guardian ad litem believes, in good faith, that there is no action that will enable him or her to obtain the skill or knowledge necessary under paragraph (e) above, the guardian ad litem shall so advise the appointing court.
(h) A guardian ad litem shall comply with all statutes and case law relating to the duties and activities of, and the procedures applicable to, guardians ad litem in general and to the duties and activities of, and procedures applicable to, guardians ad litem in the particular type of case to which he or she has been appointed.
(i) A guardian ad litem shall be able to identify the material legal and factual issues raised in the proceeding in which he or she serves.
(j) A guardian ad litem shall make those reports required by the Child Protection Act, RSA 169-C:29.
(k) A guardian ad litem shall make those reports required by RSA 161-F: 46.

N.H. Code Admin. R. Gal 503.02

#8941, eff 9-15-07

Amended by Volume XXXVI Number 45, Filed November 10, 2016, Proposed by #12010, Effective 10/21/2016, Expires 11/1/2026.