Section Gal 203.01 - Procedures for Submission and Initial Processing of Allegations of Misconduct by Certified and Formerly Certified Guardians ad Litem(a) Persons, including court personnel, who wish to complain to the board of misconduct by a board-certified guardian ad litem, or about the conduct of a formerly certified guardian ad litem who allegedly engaged in prohibited acts while certified by the board, shall submit to the board an original and 3 copies of a written complaint on a form provided by the board including the information described in (b) below.(b) On the form noted in (a) above, the person making the complaint shall provide the following information: (1) The complainant's name, street address, and, if different, mailing address;(2) The complainant's daytime telephone number;(3) The complainant's e-mail address, if any;(4) The name of the guardian ad litem complained against;(5) The business address and telephone number of the guardian ad litem complained against;(6) A specification of the particular section heading or headings of Gal 500 of the administrative rules of the guardian ad litem board that the complainant contends the guardian ad litem has violated;(7) An identification of the specific statute, rule, guideline, protocol or order alleged to have been violated, if the complainant alleges that the guardian ad litem has violated Gal 503.01(f), or any other provision of Gal 500 of the administrative rules of the guardian ad litem board that refers to statutory provisions, rules of court, guidelines, protocols, or orders applicable to the guardian ad litem;(8) A brief description of the action, omission, or event about which the complaint is being made;(9) The beginning and ending dates of the action, omission, or event about which the complaint is being made;(10) Whether the case, proceeding or activity in which the guardian ad litem was involved that gave rise to the complaint was: a. A proceeding involving abuse and neglect;b. A proceeding involving termination of parental rights;c. A proceeding involving children in need of services ("CHINS");d. A delinquency proceeding;f. A proceeding in a marital, custody, or parental rights and responsibilities case; org. Another matter, together with a brief statement of the nature of the matter, action, case, proceeding, or activity at issue;(11) Whether or not the matter about which the complaint is being made has been brought to the attention of any court and, if so, the name of the court and a brief description of any proceeding in that court relative to the matter complained of;(12) If the matter complained of stems from a court case in which the guardian ad litem complained against was appointed, the role in that case of the person who is making this complaint against the guardian ad litem;(13) Whether or not the matter complained of stems from the actions of a guardian ad litem in a case:a. In which a trial or judicial proceeding is in progress;b. In which the guardian ad litem complained against is presently performing, or is under a duty to perform, activities, regardless of whether a trial or judicial proceeding is in progress;c. Which is pending on an appeal relating to issues within the scope of the guardian ad litem's appointment, regardless of whether a trial or judicial proceeding is in progress; ord. In which the period to appeal issues within the scope of the guardian ad litem's appointment has expired;(14) An attached list of the supporting material submitted in conjunction with the complaint under paragraph (c) below;(15) In the case of complaints submitted to the board by court personnel acting in their official capacities, a specification of what documents, facts, or other materials connected with the complaint are confidential in nature, together with a specification of the statute, court rule, order or other authority under which the documents, facts, or other material is made confidential;(16) The name of the person signing the complaint, legibly completed using a typewriter or electronic device which creates printed characters;(17) The signature of the person submitting the complaint certifying the following in a statement preprinted on the form:a. The information provided on the complaint form is true and accurate, to the best of the complainant's knowledge;b. The supporting materials submitted in conjunction with the complaint are complete, unaltered, and accurate copies of the material listed; andc. The complainant acknowledges that, pursuant to RSA 641:3, knowingly making a false representation on the complaint form is punishable as a misdemeanor; and(18) The date of the signature described in subparagraph (17) above.(c) In addition to the complaint form, the complainant shall simultaneously submit to the board: (1) Copies, but not originals, of any documents which he or she believes directly relates to the complaint, as listed under subparagraph (b) (14) above; and(2) Copies of the guardian ad litem order of appointment, guardian ad litem stipulation, all guardian ad litem reports, and all court orders.(d) A complaint form shall:(1) Be completed using a keyboard or legibly in ink;(2) Be signed by the complainant and not be anonymous; and(3) Have all sections completed or designated as not applicable to the complainant.(e) Within 60 days of the receipt of a complaint form, the board, through its personnel, representative, or staff, shall notify the complainant, if identified in the complaint, in a writing bearing the date issued: (1) Of any failure to provide material in accordance with paragraphs (a) through (d) above; and(2) That failure to provide specified material within 30 days will result in the complaint being dismissed.(f) If, within 30 days after the date of a notification under paragraph (e) above, the material specified in the notice is not provided, the complaint shall be dismissed and the complainant, if identified in the complaint, shall be so notified.N.H. Admin. Code § Gal 203.01
#8941, eff 9-15-07; amd by #9523, eff 10-1-09
Amended by Volume XXXVI Number 45, Filed November 10, 2016, Proposed by #12009, Effective 10/21/2016.