HB1323 (2008) Detail

Relative to certification of out-of-state placements in juvenile proceedings.


HB 1323 – AS INTRODUCED

2008 SESSION

08-2531

05/04

HOUSE BILL 1323

AN ACT relative to certification of out-of-state placements in juvenile proceedings.

SPONSORS: Rep. Butynski, Ches 4; Sen. Hassan, Dist 23

COMMITTEE: Children and Family Law

ANALYSIS

This bill establishes criteria and a procedure for courts to order out-of-state placements in juvenile proceedings under RSA 169-B, RSA 169-C, and RSA 169-D.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

08-2531

05/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT relative to certification of out-of-state placements in juvenile proceedings.

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

1 Certification of Out-of-Home Placements. Amend RSA 170-G:4, XVIII to read as follows:

XVIII. Certify all providers of services, placements, and programs which are paid for by the department pursuant to RSA 169-B:40, 169-C:27, 169-D:29, and any services required to be provided by the department pursuant to paragraph II of this section.

(a) Each certification issued for this purpose shall have 2 components: [one] the first based upon standards of quality and performance, and [one] the second based upon the need the state may have for such service, placement, or program. For out-of-state services, placements, or programs the first component shall be satisfied if the service, placement, or program has been approved by the host state for the purpose of providing such services within that state, provided however, that any limitation by the host state on the state’s approval of the service, placement, or program, such as by type of treatment provided or other comparable standard, shall apply to the services, placements, and programs approved for New¬†Hampshire children and youth. In individual cases before the court under RSA 169-B, RSA 169-C, or RSA 169-D in which an in-state or out-of-state service, program, or placement under consideration for referral or placement has not been certified, upon order of the court, the department shall engage in an expedited certification determination process. For out-of-state services, programs, or placements, the second component shall be satisfied upon a court finding, pursuant to RSA 169-B:19-b, RSA 169-C:19-b or RSA 169-D:17-b, that no appropriate in-state placement is available for a particular child or youth. Before a court makes findings that no appropriate in-state placement is available, the court shall notify the department that such findings are contemplated and allow the department to appear and present evidence that in-state placements are appropriate and available. Upon request of the department, the court shall stay its placement order pursuant to such findings to allow the department to seek appellate review of the court’s determination, unless the court determines that delay of the placement will harm the health or safety of the child to be placed.

(b) When educational aspects are present in any service, placement, or program subject to certification by the department, certification for the educational component shall be addressed jointly by the department and the department of education.

(c) The commissioner of the department of health and human services shall develop by rule an appeal process for providers of services, placements, and programs who have sought and been refused certification under this paragraph.

2 Delinquent Children; Presumption in Favor of In-State Placements. Amend RSA 169-B:19-b to read as follows:

169-B:19-b Presumption in Favor of In-State Placements. There shall be a presumption that an in-state placement is the least restrictive and most appropriate placement. The court may order an out-of-state placement only upon an express written finding that there is no appropriate in-state placement available. The court may order an out-of-state placement only upon a written finding that there is no appropriate in-state placement available.

3 Child Protection Act; Presumption in Favor of In-State Placements. Amend RSA 169-C:19-b to read as follows:

169-C:19-b Presumption in Favor of In-State Placements. There shall be a presumption that an in-state placement is the least restrictive and most appropriate placement. The court may order an out-of-state placement only upon an express written finding that there is no appropriate in-state placement available. The court may order an out-of-state placement only upon a written finding that there is no appropriate in-state placement available.

4 Children in Need of Services; Presumption in Favor of In-State Placement. Amend RSA 169-D:17-b to read as follows:

169-D:17-b Presumption in Favor of In-State Placements. There shall be a presumption that an in-state placement is the least restrictive and most appropriate placement. The court may order an out-of-state placement only upon an express written finding that there is no appropriate in-state placement available. The court may order an out-of-state placement only upon a written finding that there is no appropriate in-state placement available.

5 Effective Date. This act shall take effect 60 days after its passage.

Links

HB1323 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB1323 Revision: 11521 Date: Jan. 1, 2008, midnight

Docket