Starting on Jan. 1, children who are removed from their parents and placed in group homes or other institutions as part of abuse and neglect proceedings in New Hampshire will be assigned an attorney to advocate for their interests.
The shift comes following passage of a bipartisan law in 2024 that is aimed at providing these minors an additional advocate through lengthy and sometimes complex legal cases.
“Kids experience these facilities as punitive,” said Lisa Wolford with the Children’s Law Center of New Hampshire, one of the groups that advocated for the change.
Removing children from their homes and into group settings — along with possible disruptions to their education, medical care and other familial connections — can be “very, very traumatizing,” said Wolford.
Supporters of the policy change argue an attorney could be an additional voice to push back against these placements, if the child doesn’t want to live in an institution.
Currently, every child involved in an abuse or neglect case in New Hampshire is assigned a guardian ad litem or a trained volunteer overseen by CASA of New Hampshire. Those adults are in place to advocate for what they believe is in the best interests of the child. Under the new law, however, lawyers will be charged with pressing the court and state social workers to focus on what the child wants, which in some circumstances may be different than what a guardian ad litem believes is in the child’s best interest.
New Hampshire previously was one of about a dozen states that did not guarantee a legal representative for every child involved in the abuse and neglect system.
Under the new law, kids who remain with a parent or guardian, or who are placed in foster homes, will not automatically receive legal representation, along with their guardian ad litem. However, the measure does make it easier for a judge to appoint a lawyer whenever they think it would benefit the child.
The law was passed in 2024 and signed by former Gov. Chris Sununu, but its implementation was delayed until Jan. 2026.
Under a phased timeline, minors aged 16 and 17 who are already living in an institutional setting will receive attorneys beginning Jan. 1, while children aged 14 and 15 will receive counsel starting Jan. 31.
On April 30, 10 and 11 year-olds already in group homes will qualify for legal counsel. By July 31, any one already in an institutional placement under 10 years of age will also receive a lawyer.
There are currently about 150 New Hampshire children placed in institutional settings, according to state health officials, who will qualify for legal counsel.
In recent months, the New Hampshire Judicial Branch, as well as the Children’s Law Center, have held training sessions for lawyers interested in taking these cases on, who will need to learn the intricacies of the state’s child protection laws. The state also recently raised the rate attorneys will be paid up to $125 per hour.
Still, there are concerns about a shortage of lawyers to take on these cases.
“There’s certainly a fear that there won’t be sufficient attorneys available,” said Jay Buckey, executive director for the New Hampshire Judicial Counsel.
He noted New Hampshire, like other areas of the country, has struggled in recent years to find attorneys willing to accept other voluntary assignments such as defense counsel for indigent defendants.
Read more on New Hampshire Public Radio
