CHAPTER 276
HB 587 – FINAL VERSION
04Jan2006… 0161h
05/04/06 2027s
24May2006… 2308cofc
2006 SESSION
05/03
HOUSE BILL 587
AN ACT relative to child abuse and neglect investigations by the department of health and human services.
SPONSORS: Rep. Itse, Rock 9; Rep. Adams, Hills 2; Rep. Wendelboe, Belk 1
COMMITTEE: Children and Family Law
This bill:
I. Requires the department of health and human services to inform parents of a child suspected of being a victim of abuse and neglect of the nature of the charges and that they are not required to admit state employees to their property and are not required to allow them to interview their child without a court order to that effect.
II. Changes the filing deadlines for certain reports and records to 5 business days prior to a child abuse or neglect hearing.
III. Establishes certain requirements for medical examinations of children who are alleged to have been abused or neglected.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
04Jan2006… 0161h
05/04/06 2027s
24May2006… 2308cofc
05-0891
05/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to child abuse and neglect investigations by the department of health and human services.
Be it Enacted by the Senate and House of Representatives in General Court convened:
276:1 New Paragraph; Child Protection Act; Duties of Department of Health and Human Services; Required Disclosure. Amend RSA 169-C:34 by inserting after paragraph V the following new paragraph:
VI. At the first contact in person, any person investigating a report of abuse or neglect on behalf of the department shall verbally inform the parents of a child suspected of being a victim of abuse or neglect of the specific nature of the charges and that they are under no obligation to allow a social worker or state employee on their premises or surrender their children to interviews unless that social worker or state employee is in possession of a court order to that effect. Upon receiving such information, the parent shall sign a written acknowledgement indicating that the information required under this paragraph was provided by the person conducting the investigation. The parent and department shall each retain a copy of the acknowledgment.
276:2 Filing Reports, Evaluations, and Other Records. Amend RSA 169-C:12-b to read as follows:
169-C:12-b Filing Reports, Evaluations, and Other Records. All reports, evaluations, and other records from the department of health and human services, counselors, and guardians ad litem in proceedings under this chapter shall be filed with the court and all other parties at least 5 business days prior to any hearing. If a report, evaluation, or other record is not filed at least 5 business days prior to the hearing, a party may request, and the court shall grant, a continuance to a date certain which shall not be more than 10 days from the date of filing. Once filed with the court and given to all other parties, the report, evaluation, or other record need not be refiled during the proceeding. Failure to comply with the provisions of this section shall not be grounds for dismissal of the petition.
276:3 New Sections; Medical Examinations of Child; Department Interviews With Child. Amend RSA 169-C by inserting after section 12-b the following new sections:
169-C:12-c Medical Examinations of Child. A parent who is the subject of an abuse or neglect petition not involving sexual abuse shall be entitled to request a medical examination of each child involved by a licensed physician of the parent’s choice at the parent’s expense within 72 hours of the first official notice of the complaint received by the parent. Where the department has assumed protective supervision or legal custody of the child and an examination of the child is necessary to verify or refute an allegation of injury, the department shall cooperate with the request and shall transport the child to the physician’s office for examination provided that the physician’s office is within a reasonable distance of the district office that is conducting the abuse or neglect investigation. The transportation of a child to a physician’s office that is located within the state of New Hampshire shall be presumed to be reasonable under this section.
276:4 Effective Date. This act shall take effect January 1, 2007.
Approved: June 15, 2006
Effective: January 1, 2007