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Bill seeks to keep guardians ad litem as investigators, not decision-makers
Summary
HB1643 would prohibit guardians ad litem from including dispositions or recommendations in their written reports, preserving their investigative role and leaving ultimate decisions to judges; witnesses urged reviewing GAL qualifications and training and raised concerns about reliance on GAL reports.
Representative Nelson (reading sponsor testimony) described HB1643 as a measure to preserve the guardian ad litem’s investigative function and to keep the final responsibility for allocation of parental rights, parenting plans and schedules with the judge. The bill would prevent a GAL from attaching a recommended outcome in the written report to the court.
Public commenters and advocates testified in support and asked the committee to review the GAL appointment checklist, training and oversight. Denise Costello and Mary Krueger (New Hampshire Legal Assistance) raised concerns about variability in GAL qualifications, the cap on GAL hours, delays in complaint investigations, and the financial burden on families who pay for private GALs. Witnesses said some judges rely too heavily on GAL recommendations rather than treating the report as one piece of evidence.
Committee members asked whether the bill would alter a GAL’s obligation to report the child’s stated wishes; sponsors and witnesses said the investigative function and fact-gathering remain intact and that judges may still ask a GAL in open testimony what they would recommend, but the written report should not include a prescriptive recommendation. Several speakers urged review of GAL oversight and training requirements.
What's next: The committee will consider oversight and training questions for GALs in drafting amendments and may request the standard appointment order/checklist referenced in testimony.
