Section Gal 503.01 - Applicability of Sanctions for Violations of Ethical Standards and Standards of Practice(a) All guardians ad litem certified by the board shall abide by the ethical standards and standards of practice set forth in this chapter.(b) All persons presently or formerly certified under RSA 490-C shall be deemed to have knowledge of the existence of these ethical standards and standards of practice and to have familiarity with their provisions.(c) A finding by the board that a guardian ad litem presently certified by the board has violated these ethical standards and standards of practice shall result in the imposition of sanctions unless the board determines that the matter involves extenuating circumstances, determined according to the standards set forth in paragraph (e) below.(d) In accordance with RSA 490-C:4 (e), I, a finding by the board that a formerly certified guardian ad litem alleged to have engaged in acts or omissions prohibited when certified has violated these ethical standards and standards of practice shall result in the imposition of sanctions unless the board determines that the matter involves extenuating circumstances, determined according to the standards set forth in paragraph (e) below.(e) The board shall find that extenuating circumstances exist if it determines that: (1) Imposing sanctions would not assist the person in conforming his or her future conduct to the requirements of these rules or other applicable law;(2) The purposes that would be served by imposing sanctions have been fully fulfilled;(3) The absence of imposing sanctions would be unlikely to pose a risk of harm to the interests or welfare of any recipient of services or potential recipient of services; and(4) The reasons supporting the decision not to impose sanctions outweigh any adverse impact on general deterrence or on public perception that may arise from the absence of sanctions.(f) Unless the board determines that extenuating circumstances exist under paragraph (e) above, a finding by an appointing court that a guardian ad litem, or formerly certified guardian ad litem within the meaning of RSA 490-C:4 (e), I, has violated any of the following shall be grounds for discipline and shall result in sanctions by the board under these ethical standards and standards of practice:(1) Any statute relating to the duties and activities of, or the procedures applicable to, guardians ad litem, either in general or in regard to the particular type of case to which he or she has been appointed;(2) The rules, standing orders or administrative orders of the appointing court, including any applicable guidelines for guardians ad litem adopted under RSA 461-A:16 or other law; or(3) Any standards of court practice or protocols found by the court to be applicable to the guardian ad litem in the case to which he or she has been appointed.(g) Pursuant to RSA 490-C:4 (g), I, upon the receipt of a written allegation or complaint against a certified or formerly certified guardian ad litem who holds, held or may hold an appointment in a case under the authority of a court, the board may refer that matter to the appropriate court for investigation, resolution or other action, either in lieu of, or in addition to, the investigatory or disciplinary procedures of the board.N.H. Admin. Code § Gal 503.01
Amended by Volume XXXVI Number 45, Filed November 10, 2016, Proposed by #12010, Effective 10/21/2016, Expires 11/1/2026.