New Law Provides Children Facing Institutionalization with a Right to Counsel

Some of New Hampshire’s most vulnerable children – those in institutional settings or at risk of such placements – will soon have a right to counsel. The new law also amends New Hampshire’s Child Protection Act to give family division judges the discretion to appoint counsel for children at any time in abuse and neglect cases. This means that children and youth in these cases can now have an attorney who will represent their wishes.

Prior to the passage of SB 463, NH was one of only six states that did not guarantee the right to counsel for children in abuse and neglect proceedings under any circumstances. This law is a significant step forward for children who are facing severe and life-altering consequences – including the loss of their parents, homes, and families.

Passage of this bi-partisan bill would not have been possible without the support of many legislative champions including lead bill sponsor Senator Sharon Carson, and cosponsors Senators Becky Whitley and Bill Gannon, and Representatives Mark Pearson and Lorie Ball, all of whom diligently worked to get SB 463 signed into law.

More work is needed to ensure the successful implementation of SB 463 including appropriating adequate resources to the agencies responsible for implementing the law and training attorneys to offer high quality representation to qualifying children.