Revision: Jan. 21, 2010, midnight
HB 1610-FN – AS INTRODUCED
2006 SESSION
05/04
HOUSE BILL 1610-FN
AN ACT relative to a determination of incompetence under the CHINS statute.
SPONSORS: Rep. Wendelboe, Belk 1
COMMITTEE: Children and Family Law
This bill provides that a determination of incompetence shall not be the basis for dismissing a CHINS petition if the child is currently at the Anna Philbrook Center and cannot be safely discharged to his or her home.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06-2796
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to a determination of incompetence under the CHINS statute.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Child in Need of Services; Determination of Incompetence. Amend RSA 169-D:18-a by inserting after paragraph III the following new paragraph:
IV. A determination of incompetence to commit the acts alleged shall not be used to dismiss a petition against a child placed at the Anna Philbrook center if the child cannot be safely discharged to his or her home. The court shall consider the child’s incompetence in its determination of appropriate dispositional orders.
2 Effective Date. This act shall take effect January 1, 2007.
LBAO
06-2796
11/8/05
HB 1610-FN - FISCAL NOTE
AN ACT relative to a determination of incompetence under the CHINS statute.
FISCAL IMPACT:
The Department of Health and Human Services states this bill will have an indeterminable fiscal impact on state and county expenditures and state revenue in FY 2007 and each year thereafter. There will be no fiscal impact on county revenue or local revenue and expenditures.
METHODOLOGY:
The Department indicated that under current law, children determined to be incompetent do not receive services. The Department does not have information on the number of children who might be determined to be incompetent and cannot predict the specific services they would receive.
The Judicial Branch assumed the number of children placed at the Anna Philbrook Center is very small and the number found to be incompetent is even smaller. Therefore, the Branch indicated the fiscal impact on its operations would be insignificant.