CHAPTER 127
SB 244 – FINAL VERSION
03/26/2015 0974s
6May2015… 1388h
05/21/2015 1877EBA
2015 SESSION
15-1004
05/04
SENATE BILL 244
AN ACT relative to abuse and neglect investigations and establishing a commission to review child abuse fatalities.
SPONSORS: Sen. Boutin, Dist 16; Sen. Avard, Dist 12; Sen. Lasky, Dist 13; Sen. Stiles, Dist 24; Sen. Carson, Dist 14; Sen. Fuller Clark, Dist 21
COMMITTEE: Health and Human Services
This bill clarifies the burden of proof and requires the department of health and human services to seek a motion to enter a home as part of a child abuse or neglect investigation in certain circumstances. The bill also establishes a commission to review child abuse fatalities.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/26/2015 0974s
6May2015… 1388h
05/21/2015 1877EBA
15-1004
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
AN ACT relative to abuse and neglect investigations and establishing a commission to review child abuse fatalities.
Be it Enacted by the Senate and House of Representatives in General Court convened:
127:1 Child Protection Act; Duties of the Department; Motion to Enter. Amend RSA 169-C:34, IV to read as follows:
IV. Upon notification by the department that the immediate safety or well-being of a child may be endangered, the court [may, in its discretion,] shall, upon finding probable cause to believe that the child’s immediate safety or well-being is endangered, order a police officer[,] or a juvenile probation and parole officer[,] or child protection service worker, accompanied by a police officer, to enter the place where the child is located, in furtherance of such investigation.
127:2 New Paragraph; Child Protection Act; Duties of the Department; Motion to Enter. Amend RSA 169-C:34 by inserting after paragraph VI the following new paragraph:
VII. If the child’s parents refuse to allow a social worker or state employee on their premises as part of the department’s investigation, and the department has probable cause to believe that the child has been sexually molested, sexually exploited, intentionally physically injured so as to cause serious bodily injury, physically injured by other than accidental means so as to cause bodily injury, a victim of a crime, abandoned, or neglected, the department shall seek a court order to enter the premises. If the court finds probable cause to believe that the child has been abused or neglected in the manner described in this paragraph, the court shall issue an order permitting a police officer, juvenile probation and parole officer, or child protection service worker to enter the premises in furtherance of the department’s investigation and to assess the child’s immediate safety and well-being. Any juvenile probation and parole officer or child protection service worker who serves or executes a motion to enter issued under this paragraph shall be accompanied by a police officer.
127:3 New Paragraph; Adjudicatory Hearing; Out-of-Home Placement. Amend RSA 169-C:18 by inserting after paragraph V-b the following new paragraph:
V-c. If a preliminary order provided for an out-of-home placement of the child, the child shall not be returned to the home unless the court finds that there is no threat of imminent harm to the child and the parent or parents are actively engaged in remedial efforts to address the circumstances surrounding the underlying petition. The court order shall include the facts supporting the placement.
127:4 New Subdivision; Child Protection Act; Commission to Review Child Abuse Fatalities. Amend RSA?169-C by inserting after section 39-j the following new subdivision:
Commission to Review Child Abuse Fatalities
169-C:39-k Commission to Review Child Abuse Fatalities. There is established a commission to review child abuse fatalities.
I. The members of the commission shall be as follows:
(a) One member of the senate, appointed by the president of the senate.
(b) Three members of the house of representatives, appointed by the speaker of the house of representatives.
(c) One representative of the office of the governor, appointed by the governor.
(d) The attorney general, or designee.
(e) The commissioner of the department of health and human services, or designee.
(f) One representative of New Hampshire Kids Count, appointed by that organization.
(g) One representative of the New Hampshire Coalition against Domestic and Sexual Violence, appointed by that organization.
(h) One representative of the New Hampshire child fatality review committee, established by executive order number 95-1, appointed by the committee.
(i) One representative of Child and Family Services of New Hampshire, appointed by that organization.
(j) One representative of the New Hampshire Children’s Trust, appointed by that organization.
II. Members of the commission shall serve without compensation, except that legislative members shall receive mileage at the legislative rate when attending to the duties of the commission.
III. The commission shall:
(a) Review state laws, rules, policies, and protocols governing child abuse and neglect investigations and child abuse fatalities.
(b) Identify any gaps, deficiencies, or problems in the delivery of services to children who are victims of abuse or neglect.
(c) Determine whether existing procedures adequately provide for a thorough and timely investigation of a child abuse fatality.
(d) Recommend any changes to state law and practice the commission deems appropriate to protect children from abuse or neglect and reduce preventable child abuse deaths.
IV. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the senate member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Four members of the commission shall constitute a quorum.
V. The commission shall submit an interim report of its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2015. The commission shall submit a final report of its findings and recommendations on or before June?30, 2016.
127:5 Repeal. RSA 169-C:39-k, relative to the commission to review child abuse fatalities, is repealed.
127:6 Effective Date.
I. Sections 1, 2, and 3 of this act shall take effect January 1, 2016.
II. Section 5 of this act shall take effect June 30, 2016.
III. The remainder of this act shall take effect upon its passage.
Approved: June 11, 2015
Effective Date: I. Sections 1, 2 and 3 shall take effect January 1, 2016.
II. Section 5 shall take effect June 30, 2016.
III. Remainder shall take effect June 11, 2015.