Bill Text - HB1198 (2014)

(New Title) relative to the procedure for filing a child in need of services (CHINS) petition and relative to the definition of sexual abuse under the child protection act.


Revision: June 15, 2014, midnight

HB 1198 – VERSION ADOPTED BY BOTH BODIES

19Feb2014… 0023h

2014 SESSION

14-2089

05/03

HOUSE BILL 1198

AN ACT relative to the procedure for filing a child in need of services (CHINS) petition and relative to the definition of sexual abuse under the child protection act.

SPONSORS: Rep. Walz, Merr 23; Rep. Gargasz, Hills 27; Sen. Fuller Clark, Dist 21

COMMITTEE: Children and Family Law

AMENDED ANALYSIS

This bill makes a technical correction to the CHINS statute as amended by 2013, 249. It requires the court to inquire whether the child is eligible for special education services during the initial appearance in a CHINS proceeding.

The bill also removes the reference to harm in the definition of sexual abuse under RSA 169-C, the child protection act.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19Feb2014… 0023h

14-2089

05/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fourteen

AN ACT relative to the procedure for filing a child in need of services (CHINS) petition and relative to the definition of sexual abuse under the child protection act.

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

1 Children in Need of Services; Initial Appearance. Amend RSA 169-D:11, II to read as follows:

II. At the initial appearance, the court shall:

(a) Advise the child in writing and orally of any formal charges;

(b) Appoint counsel pursuant to RSA 169-D:12;

(c) Establish any conditions for release;

(d) Set a hearing date; and

(e) Inquire of the child and a parent or guardian of the child if the child has been:

(1) Determined to have an intellectual disability; [or]

(2) Determined to have a mental illness, emotional or behavioral disorder, or another disorder that may impede the child's decision-making abilities; or

(3) Identified as eligible for special education services.

II-a. However, no plea shall be taken until the child has had the opportunity to consult with counsel or until a waiver is filed pursuant to RSA 169-D:12.

2 Children in Need of Services; Pre-Adjudicatory Procedure; Technical Correction. RSA 169-D:9, III(c) is repealed and reenacted to read as follows:

(c) The name of the person within each affected public service agency who is directly responsible for assuring that specific services identified in the plan are provided.

3 Child Protection Act; Definition of Sexual Abuse. Amend RSA 169-C:3, XXVII-a to read as follows:

XXVII-a. “Sexual abuse” means [the following activities under circumstances which indicate that the child's health or welfare is harmed or threatened with harm:] the employment, use, persuasion, inducement, enticement, or coercion of any child to engage in, or having a child assist any other person to engage in, any sexually explicit conduct or any simulation of such conduct for the purpose of producing any visual depiction of such conduct; or the rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children. With respect to the definition of sexual abuse, the term “child'' or “children'' means any individual who is under the age of 18 years.

4 Effective Date. This act shall take effect upon its passage.