CHAPTER 204
HB 702 – FINAL VERSION
02Jan2008… 2007-2512h
15May2008… 2008-1792eba
2008 SESSION
05/09
HOUSE BILL 702
AN ACT relative to continued jurisdiction in child protection cases.
SPONSORS: Rep. Gargasz, Hills 5
COMMITTEE: Children and Family Law
This bill establishes the procedure for the court to continue or close the case of a child over 18 years of age who previously consented to continued jurisdiction of the court under RSA 169-C. The bill also permits the department of health and human services to provide a voluntary service plan to a person under 21 years of age who was abused or neglected as a child.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02Jan2008… 2007-2512h
15May2008… 2008-1792eba
07-0634
05/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to continued jurisdiction in child protection cases.
Be it Enacted by the Senate and House of Representatives in General Court convened:
204:1 Child Protection Act; Continued Jurisdiction. Amend RSA 169-C:4, II to read as follows:
II. The court may, with the consent of the child, retain jurisdiction over any child, who, prior to his or her eighteenth birthday, was found to be neglected or abused and who is attending school until such child completes high school or until his or her twenty-first birthday, whichever occurs first; and the court is authorized to and shall make such orders relative to the support and maintenance of said child during the period after the child's eighteenth birthday as justice may require.
II-a. A child who has consented to the continued jurisdiction of the court pursuant to paragraph II, may revoke his or her consent and request that the case be closed. The revocation of consent and request to close a case shall be made in writing and filed with the court. Upon receipt of the request, the court shall forward copies to all parties of record at their last known address. If no party objects within 10 business days of the date the court forwarded copies of the request to the parties, the court shall accept the child's revocation of consent and shall close the case. If a party objects, the court may, after consideration of the objection, either grant the request and close the case without hearing or schedule the matter for hearing. If the matter is scheduled for hearing, the court shall accept the child's revocation of consent and close the case unless the court finds that immediate closure would create a risk of substantial harm to the child. If the court finds that immediate closure would create a risk of substantial harm to the child, the court shall continue the matter for a period not to exceed 30 days and direct that the department work with the child to develop an independent living plan which shall include referrals to appropriate services. If at the end of such period, the child still wishes to revoke his or her consent and to request that the case be closed, the court shall accept the revocation of consent and close the case.
204:2 New Paragraph; Child Protection Act; Voluntary Service Plan. Amend RSA 169-C:34 by inserting after paragraph V the following new paragraph:
V-a. Notwithstanding any other provision of law to the contrary, the department may, pursuant to a voluntary service plan that is developed and provided for the child by the department, offer voluntary services to any child who prior to his or her eighteenth birthday was found to be neglected or abused, who was in legal custody of the department as of his or her eighteenth birthday, and who is less than 21 years of age.
204:3 Effective Date. This act shall take effect January 1, 2009.
Approved; June 16, 2008
Effective Date; January 1, 2009