N.H. Code Admin. R. Gal 503.11

Current through Register No. 24, June 13, 2024
Section Gal 503.11 - Gathering and Reporting Facts and Other Information
(a) A guardian ad litem shall gather such facts and information regarding the family history, background, current circumstances, concerns and wishes of the recipient of services, from the recipient of services and from other sources, as will enable the guardian ad litem to:
(1) Form a good faith conclusion about the best interests of the recipient of services or about such other matters as directed by the orders or instructions of the appointing court; and
(2) Conduct his or her duties in conformity with these rules and the instructions of the appointing court.
(b) Unless otherwise instructed by the appointing court, in applying the provisions of (a) above, a guardian ad litem shall:
(1) Not be obligated to contact each witness or reference appearing on any list supplied by any person;
(2) In good faith, exercise independent judgment as to whether or not contact with a particular witness is necessary under the facts of the case; and
(3) Adhere to any specific duties that may arise in the particular type of case to which the guardian ad litem may be appointed, such as those duties regarding contacts and witnesses in domestic relations cases set forth in Gal 504.03.
(c) Unless specifically authorized by the appointing court, any conclusions intentionally sought from a witness during the course of an investigation shall either be:
(1) Obtained in writing; or
(2) Obtained orally by the guardian ad litem him or herself personally contacting the witness.
(d) Unless otherwise specifically authorized by the appointing court, a guardian ad litem shall state the sources of information contained in the guardian ad litem's report and final recommendation and identify the name and title of the person who gathered such information.

N.H. Code Admin. R. Gal 503.11

#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.