HB1157 (2006) Detail

Relative to the definition of a sending district.


CHAPTER 139

HB 1157 – FINAL VERSION

2006 SESSION

06-2112

04/03

HOUSE BILL 1157

AN ACT relative to the definition of a sending district.

SPONSORS: Rep. Foote, Ches 6; Rep. Hogancamp, Ches 4; Rep. Emerson, Ches 7

COMMITTEE: Education

ANALYSIS

This bill amends the definition of a “sending district” for the purposes of children placed in homes for children, health care facilities, or state institutions.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06-2112

04/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT relative to the definition of a sending district.

Be it Enacted by the Senate and House of Representatives in General Court convened:

139:1 Education of Children Placed in Homes for Children, Health Care Facilities, or State Institutions. Amend RSA 193:27, IV to read as follows:

IV. “Sending district” means the school district in which a child most recently resided other than in a home for children, the home of a relative or friend in which a child is placed by the department of health and human services or a court of competent jurisdiction pursuant to RSA 169-B, RSA 169-C, RSA 169-D, or RSA 463, health care facility, or state institution, if such child is not in the legal custody of a parent or if the parent resides outside the state; if the child is retained in the legal custody of a parent residing within the state, “sending district” means the school district in which the parent resides. For the purposes of this paragraph a parent shall not have legal custody if legal custody has been awarded to some other individual or agency, even if that parent retains residual parental rights. [When custody is transferred subsequent to the original placement of a child in a home for children, the home of a relative or friend in which a child is placed by the department of health and human services or a court of competent jurisdiction pursuant to RSA 169-B, RSA 169-C, RSA 169-D, or RSA 463, health care facility, or state institution, the “sending district” shall be, from the change in legal custody or guardianship forward, that district in which the child resided at the time of the original placement.] An award of legal custody by a court of competent jurisdiction, in this state or in any other state, shall determine legal custody under this paragraph.

139:2 Effective Date. This act shall take effect 60 days after its passage.

Approved: May 22, 2006

Effective: July 21, 2006