HB 867-FN-LOCAL – AS AMENDED BY THE HOUSE
27Mar2007… 0815h
2007 SESSION
05/04
HOUSE BILL 867-FN-LOCAL
AN ACT relative to parent liability for court-ordered services in juvenile proceedings.
SPONSORS: Rep. Moran, Hills 18; Rep. Movsesian, Hills 22
COMMITTEE: Children and Family Law
This bill amends reimbursement requirements for court-ordered services under RSA 169-B (delinquency), 169-C (child protection), and RSA 169-D (CHINS).
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
27Mar2007… 0815h
07-1122
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to parent liability for court-ordered services in juvenile proceedings.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subparagraph; Delinquency; Arraignment. Amend RSA 169-B:13, I by inserting after subparagraph (e) the following new subparagraph:
(f) Obtain the names and addresses of both parents and include that information in its written order.
2 Delinquency; Liability of Expenses and Hearing on Liability. Amend RSA 169-B:40 to read as follows:
169-B:40 Liability of Expenses and Hearing on Liability.
I.(a) In this section, “parents or the people chargeable by law for the minor’s support and necessities” includes parents, stepparents, guardians, and any other persons chargeable by law for the minor’s support and necessities, except for an adoptive parent under paragraph VIII.
(b) Whenever an order creating liability for expenses is issued by the court under this chapter or whenever a voluntary service plan is developed and provided for the minor and the minor’s family by the department, any expenses incurred for services, placements, and programs the providers of which are certified pursuant to RSA 170-G:4, XVIII, shall be payable by the department of health and human services.
[(b)] (c) Subparagraph [(a)] I(b) shall not apply to expenses incurred for special education and educationally related services, or to expenses incurred for evaluation, care, and treatment of the minor at the Philbrook center.
[(c)] (d) The state shall have a right of action [over] for such expenses against the parents or the people chargeable by law for the minor’s support and necessities and shall have the right to require parents or other people chargeable by law for the minor’s support and necessities to assign to the state any insurance benefits that may be available to pay for all or a portion of the services provided. The department shall request reimbursement for such expenses from parents or other people chargeable by law for the minor’s support [and shall request assignment to the state of any insurance benefits that may be available to pay for all or a portion of the services provided]. The court shall require the individual chargeable by law for the minor’s support and necessities to submit a financial statement [annually to the court] periodically to the legally liable county which shall make recommendations to the court upon which the court shall make an order as to reimbursement to the state as may be reasonable and just, based on the person’s ability to pay. Such financial statement shall include, but not be limited to, income of all household members and any benefits received from the Social Security Administration or insurance benefits available to [the individual] household members. The court shall include disposition of these benefits in its order as to reimbursement. Such reimbursement shall be established on a per month or per week basis and shall [continue from the time the services begin until 4 years beyond the time such services end] begin as soon as possible after services commence and shall continue for a period of time equal to the length of time services were provided plus an additional 4 years, unless such reimbursement is fully paid prior to the end of the 4-year period. This time period may be extended by agreement of the parties. Any month in which reimbursement payments are not paid shall extend the total period of reimbursement by one month. The court’s jurisdiction to order reimbursement shall continue until the court-ordered obligation to reimburse has been fulfilled. If the court does not issue a reimbursement order, the court shall issue written findings explaining why such reimbursement is not ordered.
[(d)] (e) Liability for placement expenses for any court ordered placement of any minor mother under this chapter shall include liability for placement expenses for the child or children of such minor mother if the minor mother and child or children are placed at the same facility.
[(e)] (f) Payments due under this section for the care of children in foster homes shall commence within 60 days of the child’s placement in the foster home and shall be made every 30 days thereafter.
(g) The reimbursement procedures established in subparagraph I(d) shall apply to voluntary service plans. The department may request orders to enforce the provisions of subparagraph I(d) from the appropriate court.
(h) When an order has been issued by the court either compelling the completion of a financial statement or an order for reimbursement, and the parent or other persons chargeable by law for the minor’s support and necessities fail to comply, such failure may be treated as criminal contempt punishable by up a fine of up to $1,000 and 90 days imprisonment.
II. Upon the issuance of the order in paragraph I, the court shall send notice to the state and relevant county. The state and relevant county may, within 30 days from the receipt of notice, request a hearing on the issues of the cost or appropriateness of services, or recovery. At such hearing, the court shall provide all financial information, including names and addresses of persons chargeable by law for the minor’s support and necessities, to the state and relevant county.
III. The office of reimbursements acting on behalf of Laconia developmental services and the New Hampshire hospital is authorized to compromise or reduce any expense to be charged to the state.
IV. Notwithstanding paragraph I, the county in which the court is located which issued the order creating liability for expenses for the child shall be responsible for reimbursing the state for up to 25 percent of the costs incurred under this chapter. If the court’s jurisdiction crosses county lines, then the county from which the child was referred to the court shall be responsible for such reimbursement. When determining the amount of reimbursement, all services for which the county would be liable if it were the legally liable unit shall be included, except services which are already the responsibility of the appropriate school district under RSA 186-C.
V. The county which is responsible for reimbursing the state under paragraph IV is authorized to collect, on behalf of the department, payments from persons or entities which are ordered to reimburse the department under paragraph I, or which are chargeable by law for the minor’s support and necessities. Any amounts collected by the county pursuant to this paragraph shall be forwarded to the department, which, in turn, shall apply 25 percent of the amounts collected to reduce the county’s liability under paragraph IV. The county may deduct 20 percent of the amount collected for reasonable administrative expenses directly associated with collections under this paragraph, [subject to the approval of the commissioner of the department of health and human services]. The commissioner may adopt rules, pursuant to RSA 541-A, relative to this paragraph.
VI. Notwithstanding any subsequent acts of delinquency or other acts committed by the minor which bring the minor to the attention of a district court, the county having liability for the minor pursuant to paragraph IV shall remain the county liable for the minor until the person reaches 18 years of age or the court’s jurisdiction is ended, whichever comes first.
VII. If the person responsible for paying reimbursements to the county under paragraph V is financially able to pay such reimbursements but fails to make such payments, the county may apply to the district or family court for a lien on such person’s real or personal property for the amount of reimbursements due.
VIII.(a) For the adoptive parent or prospective adoptive parent of a child in the custody of the state of New Hampshire or any other state, whose birth parents have consented to the adoption, relinquished their parental rights to the department, or the parental rights of whose birth parents were terminated pursuant to a petition brought by the department, authorized agency, or foster parent, pursuant to RSA 170-C:4, the state shall have no right of action against such adoptive parent or prospective adoptive parent for the expenses of services, placements, and programs provided pursuant to RSA 169-B, 169-C, or 169-D after the adoption.
(b) If the department determines that the adoptive parent has been convicted of sexual or physical abuse of the adopted child pursuant to RSA 631 or 632-A, or neglect of the adoptive child pursuant to RSA 169-C, or the adoptive parent has misappropriated adoption subsidy moneys, the adoptive parent shall be responsible for payment for subsequent services, placements, and programs provided pursuant to RSA 169-B, 169-C, or 169-D after the adoption. A determination of misappropriation is subject to the provisions of RSA 126-A:5, VIII.
IX. Notwithstanding any provision of law to the contrary, no county government shall be charged per diem rates for its portion of costs of placement of juveniles at the youth development center, the youth detention services unit, and, when applicable, the Tobey School, which are based upon an annual average daily census at each unit which is less than 80 percent of the unit’s capacity.
3 New Subparagraph; Child Protection; Preliminary Hearing. Amend RSA 169-C:15, III by inserting after subparagraph (d) the following new subparagraph:
(e) Obtain the names and addresses of both parents and include that information in its written order.
4 Child Protection; Liability for Expenses. Amend RSA 169-C:27 to read as follows:
169-C:27 Liability of Expenses and Hearing on Liability.
I.(a) In this section, “parents or the people chargeable by law for the minor’s support and necessities” shall include parents, stepparents, guardians, and any other persons chargeable by law for the minor’s support and necessities, except for an adoptive parent under paragraph VIII.
(b) Whenever an order creating liability for expenses is issued by the court under this chapter or whenever a voluntary service plan is developed and provided for a minor and the minor’s family by the department, any expenses incurred for services, placements, and programs the providers of which are certified pursuant to RSA 170-G:4, XVIII, shall be payable by the department of health and human services.
[(b)] (c) Subparagraph [(a)] I(b) shall not apply to expenses incurred for special education and educationally related services, or to expenses incurred for evaluation, care, and treatment of the child at the Philbrook center.
[(c)] (d) The state shall have a right of action [over] for such expenses against the parents or the people chargeable by law for the child’s support and necessities and shall have the right to require parents or other people chargeable by law for the minor’s support and necessities to assign to the state any insurance benefits that may be available to pay for all or a portion of the services provided. The department shall request reimbursement for such expenses from parents or people chargeable by law for the minor’s support and necessities [and shall request assignment to the state of any insurance benefits that may be available to pay for all or a portion of the services provided]. The court shall require the individual chargeable by law for the child’s support and necessities to submit a financial statement [annually to the court] periodically to the legally liable county which shall make recommendations to the court upon which the court shall make an order as to reimbursement to the state as may be reasonable and just, based on the person’s ability to pay. Such financial statement shall include, but not be limited to, income of all household members and any benefits received from the Social Security Administration or insurance benefits available to [the individual] household members. The court shall include disposition of these benefits in its order as to reimbursement. Such reimbursement shall be established on a per month or per week basis and shall [continue from the time the services begin until 4 years beyond the time such services end] begin as soon as possible after services commence and shall continue for a period of time equal to the length of time services were provided plus an additional 4 years, unless such reimbursement is fully paid prior to the end of the 4-year period. This time period may be extended by agreement of the parties. Any month in which reimbursement payments are not paid shall extend the total period of reimbursement by one month. The court’s jurisdiction to order reimbursement shall continue until the court-ordered obligation to reimburse has been fulfilled. If the court does not issue a reimbursement order, the court shall issue written findings explaining why such reimbursement is not ordered.
[(d)] (e) Liability for placement expenses for any court ordered placement of any minor mother under this chapter shall include liability for placement expenses for the child or children of such minor mother if the minor mother and child or children are placed at the same facility.
[(e)] (f) Payments due under this section for the care of children in foster homes shall commence within 60 days of the child’s placement in the foster home and shall be made every 30 days thereafter.
(g) The reimbursement procedures established in subparagraph I(d) shall apply to voluntary service plans. The department may request orders to enforce the provisions of subparagraph I(d) from the appropriate court.
(h) When an order has been issued by the court either compelling the completion of a financial statement or an order for reimbursement, and the parent or other persons chargeable by law for the minor’s support and necessities fail to comply, such failure may be treated as criminal contempt punishable by up a fine of up to $1,000 and 90 days imprisonment.
II. Upon the issuance of the order in paragraph I, the court shall send notice to the state and relevant county. The state and relevant county may, within 30 days from receipt of notice, request a hearing on the issues of the cost or appropriateness of services, or recovery. At such hearing, the court shall provide all financial information, including names and addresses of persons chargeable by law for the child’s support and necessities, to the state and relevant county.
III. The office of reimbursements acting on behalf of Laconia developmental services and the New Hampshire hospital is authorized to compromise or reduce any expense to be charged to the state.
IV. Notwithstanding paragraph I, the county in which the court is located which issued the order creating liability for expenses for the child shall be responsible for reimbursing the state for up to 25 percent of the costs incurred under this chapter. If the court’s jurisdiction crosses county lines, then the county from which the child was referred to the court shall be responsible for such reimbursement. When determining the amount of reimbursement, all services for which the county would be liable if it were the legally liable unit shall be included, except services which are already the responsibility of the appropriate school district under RSA 186-C.
V. The county which is responsible for reimbursing the state under paragraph IV is authorized to collect, on behalf of the department, payments from persons or entities which are ordered to reimburse the department under paragraph I, or which are chargeable by law for the child’s support and necessities. Any amounts collected by the county pursuant to this paragraph shall be forwarded to the department, which, in turn, shall apply 25 percent of the amounts collected to reduce the county’s liability under paragraph IV. The county may deduct 20 percent of the amount collected for reasonable administrative expenses directly associated with collections under this paragraph[, subject to the approval of the commissioner of the department of health and human services]. The commissioner may adopt rules, pursuant to RSA 541-A, relative to this paragraph.
VI. Notwithstanding any subsequent acts committed by the child which bring him to the attention of a district court, the county having liability for the child pursuant to paragraph IV shall remain the county liable for the child until the person reaches 18 years of age or the court’s jurisdiction is ended, whichever comes first, unless the court’s jurisdiction has been extended pursuant to RSA 169-C:4, II.
VII. If the person responsible for paying reimbursements to the county under paragraph V is financially able to pay such reimbursements but fails to make such payments, the county may apply to the district or family court for a lien on such person’s real or personal property for the amount of reimbursements due.
VIII.(a) For the adoptive parent or prospective adoptive parent of a child in the custody of the state of New Hampshire or any other state, whose birth parents have consented to the adoption, relinquished their parental rights to the department, or the parental rights of whose birth parents were terminated pursuant to a petition brought by the department, authorized agency, or foster parent, pursuant to RSA 170-C:4, the state shall have no right of action against such adoptive parent or prospective adoptive parent for the expenses of services, placements, and programs provided pursuant to RSA 169-B, 169-C, or 169-D after the adoption.
(b) If the department determines that the adoptive parent has been convicted of sexual or physical abuse of the adopted child pursuant to RSA 631 or 632-A, or neglect of the adoptive child pursuant to RSA 169-C, or the adoptive parent has misappropriated adoption subsidy moneys, the adoptive parent shall be responsible for payment for subsequent services, placements, and programs provided pursuant to RSA 169-B, 169-C, or 169-D after the adoption. A determination of misappropriation is subject to the provisions of RSA 126-A:5, VIII.
IX. Notwithstanding any provision of law to the contrary, no county government shall be charged per diem rates for its portion of costs of placement of juveniles at the youth development center, the youth detention services unit, and, when applicable, the Tobey School, which are based upon an annual average daily census at each unit which is less than 80 percent of the unit’s capacity.
5 New Subparagraph; Children in Need of Services; Initial Appearance. Amend RSA 169-D:11, II by inserting after subparagraph (d) the following new subparagraph:
(e) Obtain the names and addresses of both parents and include that information in its written order.
6 Children in Need of Services; Liability for Expenses. Amend RSA 169-D:29 to read as follows:
169-D:29 Liability of Expenses and Hearing on Liability.
I.(a) In this section, “parents or the people chargeable by law for the minor’s support and necessities” shall include parents, stepparents, guardians, and any other persons chargeable by law for the minor’s support and necessities, except for an adoptive parent under paragraph VIII.
(b) Whenever an order creating liability for expenses is issued by the court under this chapter or whenever a voluntary service plan is developed and provided for a minor and the minor’s family by the department, any expenses incurred for services, placements, and programs the providers of which are certified pursuant to RSA 170-G:4, XVIII, shall be payable by the department of health and human services.
[(b)] (c) Subparagraph [(a)] I(b) shall not apply to expenses incurred for special education and educationally related services, or to expenses incurred for evaluation, care, and treatment of the child at the Philbrook center.
[(c)] (d) The state shall have a right of action [over] for such expenses against the parents or the people chargeable by law for the child’s support and necessities and the right to require parents or other people chargeable by law for the minor’s support and necessities to assign to the state any insurance benefits that may be available to pay for all or a portion of the services provided. The department shall request reimbursement for such expenses from parents or people chargeable by law for the minor’s support [and shall request assignment to the state of any insurance benefits that may be available to pay for all or a portion of the services provided]. The court shall require the individual chargeable by law for the child’s support and necessities to submit a financial statement [annually to the court] periodically to the legally liable county which shall make recommendations to the court, upon which the court shall make an order as to reimbursement to the state as may be reasonable and just, based on the person’s ability to pay. Such financial statement shall include, but not be limited to, income of all household members any benefits received from the Social Security Administration or insurance benefits available to [the individual] household members. The court shall include disposition of these benefits in its order as to reimbursement. Such reimbursement shall be established on a per month or per week basis and shall [continue from the time the services begin until 4 years beyond the time such services end] begin as soon as possible after services commence and continue for a period of time equal to the length of time that services were provided plus an additional 4 years, unless such reimbursement is fully paid prior to the end of the 4-year period. This time period may be extended by agreement of the parties. Any month in which reimbursement payments are not made shall extend the total period of reimbursement by one month. The court’s jurisdiction to order reimbursement shall continue until the court-ordered obligation to reimburse has been fulfilled. If the court does not issue a reimbursement order, the court shall issue written findings explaining why such reimbursement is not ordered.
[(d)] (e) Liability for placement expenses for any court ordered placement of any minor mother under this chapter shall include liability for placement expenses for the child or children of such minor mother if the minor mother and child or children are placed at the same facility.
[(e)] (f) Payments due under this section for the care of children in foster homes shall commence within 60 days of the child’s placement in the foster home and shall be made every 30 days thereafter.
(g) The reimbursement procedures established in subparagraph I(d) shall apply to voluntary service plans. The department may request orders to enforce the provisions of subparagraph I(d) from the appropriate court.
(h) When an order has been issued by the court either compelling the completion of a financial statement or an order for reimbursement, and the parent or other persons chargeable by law for the minor’s support and necessities fail to comply, such failure may be treated as criminal contempt punishable by up a fine of up to $1,000 and 90 days imprisonment.
II. Upon the issuance of the order in paragraph I, the court shall send notice to the state and relevant county. The state and relevant county may, within 30 days from receipt of notice, request a hearing on the issues of the cost or appropriateness of services, or recovery. At such hearing, the court shall provide all financial information including names and addresses of persons chargeable by law for the child’s support and necessities, to the state and relevant county.
III. The office of reimbursements acting on behalf of Laconia developmental services and the New Hampshire hospital is authorized to compromise or reduce any expense to be charged to the state.
IV. Notwithstanding paragraph I, the county in which the court is located which issued the order creating liability for expenses for the child shall be responsible for reimbursing the state for up to 25 percent of the costs incurred under this chapter. If the court’s jurisdiction crosses county lines, then the county from which the child was referred to the court shall be responsible for such reimbursement. When determining the amount of reimbursement, all services for which the county would be liable if it were the legally liable unit shall be included, except services which are already the responsibility of the appropriate school district under RSA 186-C.
V. The county which is responsible for reimbursing the state under paragraph IV is authorized to collect, on behalf of the department, payments from persons or entities which are ordered to reimburse the department under paragraph I, or which are chargeable by law for the child’s support and necessities. Any amounts collected by the county pursuant to this paragraph shall be forwarded to the department, which, in turn, shall apply 25 percent of the amounts collected to reduce the county’s liability under paragraph IV. The county may deduct 20 percent of the amount collected for reasonable administrative expenses directly associated with collections under this paragraph[, subject to the approval of the commissioner of the department of health and human services]. The commissioner may adopt rules, pursuant to RSA 541-A, relative to this paragraph.
VI. Notwithstanding any subsequent acts committed by the child which bring him to the attention of a district court, the county having liability for the child pursuant to paragraph IV shall remain the county liable for the child until the person reaches 18 years of age or the court’s jurisdiction is ended, whichever comes first.
VII. If the person responsible for paying reimbursements to the county under paragraph V is financially able to pay such reimbursements but fails to make such payments, the county may apply to the district or family court for a lien on such person’s real or personal property for the amount of reimbursements due.
VIII. Upon request by the adoptive parent of a child whose birth parents relinquished their parental rights to the department or the parental rights of whose birth parents were terminated pursuant to a petition brought by the department, the state, acting through the commissioner, may waive its right of action against such adoptive parent for all or a portion of the expenses of services, placements, and programs provided pursuant to RSA 169-B, 169-C or 169-D after the adoption. The department shall adopt rules under RSA 541-A to establish the procedure to be followed to obtain a waiver of parental reimbursement pursuant to this paragraph.
(a) For the adoptive parent or prospective adoptive parent of a child in the custody of the state of New Hampshire or any other state, whose birth parents have consented to the adoption, relinquished their parental rights to the department, or the parental rights of whose birth parents were terminated pursuant to a petition brought by the department, authorized agency, or foster parent, pursuant to RSA 170-C:4, the state shall waive its right of action against such adoptive parent or prospective adoptive parent for the expenses of services, placements, and programs provided pursuant to RSA 169-B, 169-C, or 169-D after the adoption.
(b) If the department determines that the adoptive parent has been convicted of sexual or physical abuse of the adopted child pursuant to RSA 631 or 632-A, or neglect of the adoptive child pursuant to RSA 169-C, or the adoptive parent has misappropriated adoption subsidy moneys, the adoptive parent shall be responsible for payment for subsequent services, placements, and programs provided pursuant to RSA 169-B, 169-C, or 169-D after the adoption. A determination of misappropriation is subject to the provisions of RSA 126-A:5, VIII.
IX. Notwithstanding any provision of law to the contrary, no county government shall be charged per diem rates for its portion of costs of placement of juveniles at the youth development center, the youth detention services unit, and, when applicable, the Tobey School, which are based upon an annual average daily census at each unit which is less than 80 percent of the unit’s capacity.
7 Effective Date. This act shall take effect July 1, 2007.
LBAO
07-1122
Revised 02/12/07
HB 867 FISCAL NOTE
AN ACT relative to parent liability for court-ordered services in juvenile proceedings.
FISCAL IMPACT:
The Department of Health and Human Services and Association of Counties state this bill may decrease state revenue and increase county revenue by an indeterminable amount in FY 2008 and each year thereafter. This bill will have no fiscal impact on state, county, and local expenditures, or local revenue.
METHODOLOGY:
The Department of Health and Human Services states the bill would require that the parental reimbursement for services provided by the state be based upon the legally liable party’s income, and the incomes of all household members, rather than the ability to pay. The bill states if the liable party fails to comply, it may be treated as criminal contempt. The Division of Juvenile Justice Services (DJJS) assumes it is the intent of the legislation to collect more parental reimbursement dollars by changing the requirement for reimbursement and adding a penalty clause, however they are unable to estimate the revenue impact at this time. The Department and the Association of Counties state this bill also increases the percentage of revenue for county administrative costs incurred for collecting parental reimbursement from 15% to 20%. The Department and the Association of Counties estimate parental reimbursement recoveries at $1,500,000 annually (based on FY 2006 figures). As a result, this change may decrease state revenue and increase county revenue by approximately $75,000 ($1,500,000 X 5%) annually dependent on amounts recovered. The exact fiscal impact cannot be determined at this time. There will be no fiscal impact on county expenditures.