Section Gal 503.15 - Provision of Information to the Board and the Appointing Court(a) A guardian ad litem shall: (1) Submit truthful and accurate information in any initial, renewal, or reinstatement application, or any other writing submitted to the board;(2) Make truthful and accurate statements in any oral communication to the board and court;(3) Be forthright, candid, and not misleading in his or her oral statements or written submissions to the board and court; and(4) Submit truthful and accurate information in all reports, pleadings, or other writing submitted to the court.(b) A guardian ad litem shall within 5 days advise the board and court, in writing, of the following information relating to the guardian ad litem: (1) Conviction of, or a plea of guilty to, any felony in any jurisdiction;(2) Conviction of, or a plea of guilty to, any misdemeanor in any jurisdiction involving a child or incapacitated adult as a victim or, in the case of offenses involving attempt, conspiracy, or solicitation, as the intended victim;(3) Conviction of, or a plea of guilty to: a. Any misdemeanor involving domestic violence as defined in RSA 173-B:1, IX and as further specified in RSA 173-B:1, I so as to include either commission or attempted commission of an offense;b. Solicitation or conspiracy to commit a misdemeanor involving domestic violence under (3) a. above; orc. A misdemeanor committed contrary to the law of a jurisdiction other than the state of New Hampshire which would constitute domestic violence under a. above, or a solicitation or conspiracy to commit that offense, if committed in, or charged by, the state of New Hampshire;(4) Conviction of, or a plea of guilty to, any misdemeanor arising under: a.RSA 641:2, false swearing;b.RSA 641:3, unsworn falsification;c.RSA 641:4, false reports to law enforcement;d.RSA 645:1, indecent exposure and lewdness;g.RSA 633:4, interference with custody;i.RSA 632-A:4, sexual assault;j.RSA 631:2-a, simple assault;k.RSA 631:3, reckless conduct;l.RSA 633:3, false imprisonment;n.RSA 634:2, criminal mischief;p.RSA 635:2, criminal trespass;r.RSA 644:8, cruelty to animals;s.RSA 631:2-b, domestic violence;t.RSA 631:2, second degree assault;u.RSA 644:9-a, nonconsensual dissemination of private sexual images;v.RSA 633:7, trafficking in persons; orw. The law of a jurisdiction other than the state of New Hampshire, if the misdemeanor would constitute any of the offenses listed in clauses (4) a. through q. above if committed in or charged under the jurisdiction of the state of New Hampshire;(5) Conviction of, or a plea of guilty to, any misdemeanor involving an attempt, conspiracy or solicitation to commit those offenses listed in subparagraph (4) above;(6) Conviction of, or a plea or guilty to, a misdemeanor of any type in any jurisdiction, which would bring the total number of the person's misdemeanors to more than 2, regardless of the jurisdiction or jurisdictions in which any of the misdemeanors arose;(7) Current listing on the central registry of founded abuse and neglect reports or a report of child abuse or neglect against the person in this or any other jurisdiction;(8) Suspension from any activity as a guardian ad litem in this or any other jurisdiction as the result of misconduct in the performance of his or her duties as a guardian ad litem, or as the result of a failure to be of good character;(9) Revocation of any certification, registration, approval, or appointment as a guardian ad litem as the result of misconduct in the performance of his or her duties as a guardian ad litem, or as the result of a failure to be of good character, in this or any other jurisdiction;(10) If presently or formerly authorized to practice as an attorney in this or any other jurisdiction, disbarment in any jurisdiction;(11) Denial of an application for license, certification, registration or approval to practice as a guardian ad litem in this or any other jurisdiction and the reasons therefore; and(12) Any change in the answer to the questions on the most recently submitted application form described at Gal 302.02(f)(8), (10), or (12), or Gal 401.07(d) regarding disbarment, revocation, suspension, reprimand, censure, discipline, disqualification or sanction relative to the practice of a profession;(c) A guardian ad litem shall within 5 days inform all courts in which he or she is currently appointed, in writing, copying all parties, of any sanction imposed upon him or her by the board.(d) A guardian ad litem shall within 5 days inform the board of any sanction imposed upon him or her in his or her capacity as a guardian ad litem by any appointing court.(e) A guardian ad litem shall within 5 days inform all courts and parties in which he or she is currently appointed of information which the guardian ad litem is required to report to the board under paragraph (b) above.(f) A guardian ad litem shall within 5 days inform all courts and parties in which he or she is currently appointed if their guardian ad litem certification has expired or been denied.(g) A guardian ad litem who is sanctioned by another board shall within 5 days: (1) Notify the board, courts and all parties in which he or she is currently appointed: and(2) Request a review with the board.(h) The guardian ad litem may still continue to practice pending the board review described in (g)(2) above.(i) The Board shall suspend or revoke certification following disclosure of any item under paragraph (b) in accordance with Gal 200.(j) The guardian ad litem whose certification has been suspended or revoked may request an oral hearing in writing with 30 days of the date of the letter, provided that the board shall, pursuant to Gal 203.04(d), commence an adjudicative hearing or issue and order of settlement within 10 days of delivering an order of emergency suspension.N.H. Code Admin. R. Gal 503.15
Amended by Volume XXXVI Number 45, Filed November 10, 2016, Proposed by #12010, Effective 10/21/2016, Expires 11/1/2026.