N.H. Admin. Code § Gal 303.01

Current through Register No. 50, December 12, 2024

Section Gal 303.01 - Requirements for Certification

An applicant for certification shall:

(a) Submit a fully completed original and 3 copies of an application form, actual payment of the amount of the required certification fee and all required supporting documentation, including but not limited to the check referred to in Gal 302.03(c);

(b) Submit any additional information required under Gal 302.03;

(c) Hold either:

(1) A bachelor's degree from an accredited college or university plus at least 600 hours of experience in professional or volunteer activities dealing with children or incapacitated adults;

(2) An associate's degree from an accredited college or university plus at least 1,000 hours of experience in professional or volunteer activities dealing with children or incapacitated adults; or

(3) An advanced degree from an accredited college or university beyond a bachelor's degree, for which a bachelor's degree is a prerequisite, plus at least 200 hours of experience in professional or volunteer activities dealing with children or incapacitated adults;

(d) Be at least 25 years of age;

(e) Never have been convicted of or pleaded guilty to any felony in any jurisdiction which has not been reversed or overturned on appeal or annulled;

(f) Never have been convicted of or pleaded guilty to:

(1) 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, which has not been reversed or overturned on appeal or annulled;

(2) Any misdemeanor involving domestic violence as defined in RSA 173-B:1, IX, as further specified in RSA 173-B: 1, I so as to include either commission or attempted commission of an offense, which has not been reversed or overturned on appeal or annulled;

(3) Solicitation or conspiracy to commit a misdemeanor involving domestic violence under (2) above, which has not been reversed or overturned on appeal or annulled;

(4) Any misdemeanor committed contrary to the law of a jurisdiction other than the state of New Hampshire which would constitute domestic violence, as described under (f) (2) above, or solicitation or conspiracy to commit that offense, if committed in, or charged by, the state of New Hampshire, which has not been reversed or overturned on appeal or annulled;

(5) Any misdemeanor which has not been reversed or overturned on appeal or annulled 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;

e.RSA 638:1, forgery;

f.RSA 633:3-a, stalking;

g.RSA 633:4, interference with custody;

h.RSA 644:4 harassment;

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;

m.RSA 634:1, arson;

n.RSA 634:2, criminal mischief;

o.RSA 635:1, burglary;

p.RSA 635:2 criminal trespass;

q. RSA 637, theft;

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; or

w. The law of a jurisdiction other than the state of New Hampshire, if the misdemeanor would constitute any of the offenses listed in (f) (5) above if committed in, or charged by the state of New Hampshire;

(6) Any misdemeanor involving an attempt, conspiracy or solicitation to commit those offenses listed in subparagraph (5) above which has not been reversed or overturned on appeal or annulled; or

(7) More than 2 misdemeanors of any type, regardless of the jurisdiction in which they arose, that have not been reversed or overturned on appeal or annulled;

(g) Not currently be an individual listed on the central registry of founded abuse and neglect reports, nor ever have been the subject of a founded report of child abuse or neglect in this or any other jurisdiction;

(h) Be of good character, as demonstrated by the applicant's;

(1) Respect for the rights of others and the law;

(2) Fairness;

(3) Trustworthiness and reliability; and

(4) Professional commitment to the judicial process and the administration of justice;

(i) Never have been suspended from any activity as a guardian ad litem in any jurisdiction other than New Hampshire 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, unless such suspension was reversed or overturned on appeal;

(j) Never have had any certification, registration, approval, or appointment as a guardian ad litem revoked 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 any jurisdiction other than New Hampshire, unless such revocation was reversed or the certification was reinstated, or unless the revocation was overturned on appeal;

(k) Never have had any certification, registration, approval or appointment as a guardian ad litem revoked in New Hampshire, by an entity other than the board, under the circumstances described in (j) above;

(l) If presently or formerly authorized to practice as an attorney in this or any other jurisdiction, never have been disbarred;

(m) Have completed the guardian ad litem training requirements specified in Gal 303.02 below;

(n) Be recommended for certification as a guardian ad litem by three individuals, as described in Gal 302.03(f), in the manner described in Gal 302.04;

(o) Never have had his or her application for license, certification, registration, or approval to practice as a guardian ad litem denied in any jurisdiction other than New Hampshire on any basis that would constitute grounds for a denial of certification under RSA 490-C or the rules of the board, unless that denial was reversed, overturned on appeal, or the ground for denial was subsequently superceded by the granting of an application;

(p) Possess a current telephone number;

(q) Be able to clearly, succinctly and understandably articulate thoughts in writing as demonstrated by the person's application, including the written submission required by Gal 302.03(e); and

(r) Have access to reliable transportation.

N.H. Admin. Code § Gal 303.01

#8101, eff 1-1-05; ss by #8942, eff 9-15-07; amd by #9523, eff 10-1-09

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