Revision: Jan. 21, 2010, midnight
CHAPTER 236
HB 1648-FN – FINAL VERSION
15Feb2006… 0603h
05/03/06 1997s
05/03/06 2147s
2006 SESSION
04/09
HOUSE BILL 1648-FN
AN ACT relative to legal residency and financial liability for children in certain residential placements.
SPONSORS: Rep. Foote, Ches 6; Rep. Hogancamp, Ches 4; Rep. Emerson, Ches 7; Rep. Grassie, Straf 1
COMMITTEE: Children and Family Law
This bill requires the departments of education and health and human services to provide educational or residential services, or both, to certain children in court-ordered residential placements in this or another state.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
15Feb2006… 0603h
05/03/06 1997s
05/03/06 2147s
06-2113
04/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to legal residency and financial liability for children in certain residential placements.
Be it Enacted by the Senate and House of Representatives in General Court convened:
236:1 New Subparagraph; School Attendance; Legal Residence Required. Amend RSA 193:12, II by inserting after subparagraph (b) the following new subparagraph:
(c)(1) If a parent with legal and physical custody of a child moves from New Hampshire to another state while the child is in a court-ordered residential placement in this state or another state pursuant to RSA 169-B, RSA 169-C, RSA 169-D, or RSA 463, the departments of education and health and human services shall make a written request of the receiving state to assume the educational costs of the child’s placement in this state or another state until legal custody of the child is returned to a parent or legal guardian. In this subparagraph, “receiving state” shall mean the state to which the child’s parents move.
(2) If the receiving state refuses to accept financial liability, the departments of education and health and human services shall enter into an agreement to provide the child with general and special education and residential services until legal custody of the child is returned to a parent or legal guardian.
236:2 Pupils; Legal Residence Required. Amend RSA 193:12, V-b to read as follows:
V-b. Whenever a dispute arises [between 2 or more school districts] among one or more school districts, the department of health and human services, or one or more of the previously mentioned parties, as to the residency of a child who is in the legal custody or guardianship of the department of health and human services, or who has been placed pursuant to a court order in a proceeding under RSA 169-B, RSA 169-C, RSA 169-D, or RSA 463, the department of health and human services may request in writing that the [respective] superintendents involved resolve the dispute. If the residency dispute remains unresolved 10 days after such request, the department of health and human services may request that the commissioner of the department of education determine the residence of the child. The child may attend school in the district in which the child has been placed by the court or the department of health and human services pending the resolution of the residency dispute. Liability as to the cost of school attendance provided under this paragraph shall be determined by the commissioner of education.
236:3 Effective Date. This act shall take effect 60 days after its passage.
Approved: June 1, 2006
Effective: July 31, 2006