N.H. Admin. Code § Fam 303.09

Current through Register No. 50, December 12, 2024

Section Fam 303.09 - Character Qualifications

To be eligible for certification as a family mediator, an applicant shall:

(a) Be honest and competent as a family mediator;

(b) Have agreed to abide by the "Model Standards of Practice for Family and Divorce Mediation" developed by The Symposium on Standards of Practice and finalized on August 5, 2000, and available as noted in Appendix II;

(c) Have committed no act and received no sanctions that would be considered misconduct under Fam 403.01 indicating that the applicant cannot be relied upon to adhere to the responsibilities of certified mediators;

(d) Have not engaged in conduct resulting in a finding of abuse under RSA 173-B:5 or a comparable judicial finding in another jurisdiction;

(e) Have not had a professional license or certification revoked by any regulatory authority or court in any jurisdiction for one or more of the following reasons:

(1) Physical or emotional abuse of a client, patient, student, or child;

(2) Non-consensual bodily contact with a client, patient, student, or child; or

(3) Breach of a fiduciary duty to a person or with respect to financial matters;

(f) Have no adult conviction that was not annulled or overturned or reversed on appeal of any of the following crimes:

(1) The commission of, the solicitation to commit, or the conspiracy to commit a felony under New Hampshire law;

(2) In another jurisdiction, a crime with the same required elements of proof as the crimes in (1) above;

(3) In New Hampshire, the commission of, the solicitation to commit, or the conspiracy to commit a crime involving in its commission domestic violence as that term is defined in RSA 173-B:1, IX;

(4) In another jurisdiction, a crime with the same required elements of proof as the crimes in (3) above;

(5) In New Hampshire or in another jurisdiction, the commission of a crime involving one of the following as a victim:

a. A minor;

b. An incapacitated adult; or

c. An elderly adult, as defined in RSA 631:8, I(d);

(6) In New Hampshire or in another jurisdiction, solicitation to commit or conspiracy to commit a crime described in (5) above; or

(7) Conviction in New Hampshire or in another jurisdiction of a violation of any controlled drug law; and

(g) Have no adult conviction within the last 10 years that was not annulled or overturned or reversed on appeal of any of the following misdemeanors:

(1) The commission, conspiracy to commit, or solicitation to commit a New Hampshire Class A misdemeanor; or

(2) In another jurisdiction, a crime with the same required elements of proof as the crimes in (1) above.

N.H. Admin. Code § Fam 303.09

#8930, eff 7-4-07; ss by #9674, eff 4-2-10 (see Revision Note at chapter heading for Fam 300)

Amended by Volume XXXVIII Number 41, Filed October 11, 2018, Proposed by #12634, Effective 10/2/2018, Expires 10/2/2028.