SB 513-FN - AS INTRODUCED
2016 SESSION
\t16-2714
\t05/09
SENATE BILL\t513-FN
AN ACT\trelative to the Sununu Youth Service Center.
SPONSORS:\tSen. Reagan, Dist 17; Sen. Carson, Dist 14; Rep. Barry, Hills. 21; Rep. Byron, Hills. 20
COMMITTEE:\tFinance
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ANALYSIS
\tThis bill authorizes the department of health and human services to establish a psychiatric residential treatment facility at the Sununu Youth Services Center.
\tThis bill was requested by the department of health and human services.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2714
\t05/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to the Sununu Youth Service Center.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Purpose and Findings. The general court finds that there are a variety of youth populations within the state that have intensive behavioral health and treatment needs that cannot be adequately met in existing facilities. This act will facilitate the establishment of a psychiatric residential treatment facility at the Sununu Youth Services Center in Manchester, New Hampshire as part of New Hampshire’s system of care in order to better address the needs of these populations.
\t2 Delinquent Children; Definition of Detention. Amend RSA 169-B:2, V to read as follows:
\t\tV. “Detention” means the care of a minor in physically restricted facilities and shall not include placement at a residential treatment or evaluation [facilities] facility, staff-secure shelter [facilities] facility, [or] foster care [homes] home, or psychiatric residential treatment facility.
\t3 New Paragraph; Delinquent Children; Definition of Psychiatric Residential Treatment Facility Added. Amend RSA 169-B:2 by inserting after paragraph XV the following new paragraph:
\t\tXVI. “Psychiatric residential treatment facility” means a facility other than a hospital, which is established pursuant to RSA 621-B and which provides psychiatric services to individuals under the age of 21 in an inpatient setting.
\t4 Delinquent Children; Release Prior to Arraignment. Amend RSA 169-B:11, II to read as follows:
\t\tII. If such a person is not available, the court may release the minor under the supervision of a relative or friend; or may release the minor to the custody of the department of health and human services for placement in a foster home, as defined in RSA 169-C:3, XIII, a crisis home, a shelter care facility, a group home, a psychiatric residential treatment facility, with expenses charged according to RSA 169-B:40, or an alcohol crisis center certified to accept juveniles; or
\t5 Delinquent Children; Release or Detention Pending Adjudicatory Hearing. Amend RSA 169-B:14, I(c) to read as follows:
\t\t\t(c) Released to the custody of the department of health and human services for placement in a foster home, as defined in RSA 169-C:3, XIII, a group home, a crisis home, [or] a shelter care facility, or a psychiatric residential treatment facility, with expenses charged according to RSA 169-B:40; or
\t6 Delinquent Children; Dispositional Hearing. Amend RSA 169-B:19, I(f) to read as follows:
\t\t\t(f) Release the minor to the custody of the department of health and human services for placement in a foster home, as defined in RSA 169-C:3, XIII, a group home, a crisis home, [or] a shelter care facility, or a psychiatric residential treatment facility, with expenses charged according to RSA 169-B:40.
\t7 Delinquent Children; Liability of Expenses and Hearing on Liability. Amend RSA 169-B:40, I(c) to read as follows:
\t\t\t(c) 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 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. Expenses which are reimbursable by the parents or other persons chargeable by law for the child's support and necessities under this section shall include expenses for the cost of placement at a psychiatric residential treatment facility. 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 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, any benefits received from the Social Security Administration or insurance benefits available to the individual. 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, unless such reimbursement is fully paid prior to the end of the 4-year period. 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.
\t8 New Paragraph; Child Protection Act; Definition of Psychiatric Residential Treatment Facility Added. Amend RSA 169-C:3 by inserting after paragraph XXV to following new paragraph:
\t\tXXV-a. “Psychiatric residential treatment facility” means a facility other than a hospital, which is established pursuant to RSA 621-B and which provides psychiatric services to individuals under the age of 21 in an inpatient setting.
\t9 Child Protection Act; Preliminary Disposition. Amend RSA 169-C:16, II to read as follows:
\t\tII. A neglected or abused child shall not be placed in an institution established for the care and rehabilitation of delinquent children, the youth development center or any institution where an adult is confined. Nothing in this paragraph shall prohibit the placement of a child in a psychiatric residential treatment facility.
\t10 Child Protection Act; Liability of Expenses and Hearing on Liability. Amend RSA 169-C:27, I(c) to read as follows:
\t\t\t(c) 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. Expenses which are reimbursable by the parents or other persons chargeable by law for the child's support and necessities under this section shall include expenses for the cost of placement at a psychiatric residential treatment facility. 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 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, any benefits received from the Social Security Administration or insurance benefits available to the individual. 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, unless such reimbursement is fully paid prior to the end of the 4-year period. 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.
\t11 Children in Need of Services, Definition of Out-of-Home Placement. Amend RSA 169-D:2, XI to read as follows:
\t\tXI. “Out-of-home placement” means when a minor, as the result of a delinquent petition, is removed from a biological parent, adoptive parent, or legal guardian of the minor and placed in substitute care with someone other than a biological parent, adoptive parent, or legal guardian. Such substitute care may include placement with a custodian, guardian, relative, friend, group home, crisis home, shelter care facility, [or a] foster home, or psychiatric residential treatment facility.
\t12 New Paragraph; Children in Need of Services; Definition of Psychiatric Residential Treatment Facility Added. Amend RSA 169-D:2 by inserting after paragraph XV the following new paragraph:
\t\tXVI. “Psychiatric residential treatment facility” means a facility other than a hospital, which is established pursuant to RSA 621-B and which provides psychiatric services to individuals under the age of 21 in an inpatient setting.
\t13 Children in Need of Services; Prohibited Manner of Detention. Amend RSA 169-D:9-b to read as follows:
\t169-D:9-b Prohibited Manner of Detention. Notwithstanding any other provisions of law, no child detained under this chapter shall be held for any period of time in a public or private facility, which includes construction fixtures designed to physically restrict the movements and activities of persons in custody, including but not limited to locked rooms and buildings, fences, or other physical structures. This section shall not be construed to prohibit [detention] placement in facilities where physical restriction of movement or activity is provided solely through facility staff or placement in a psychiatric residential treatment facility.
\t14 Children in Need of Services; Detention in Certain Facilities. Amend RSA 169-D:9-c, II to read as follows:
\t\tII. Physically restricted facilities shall receive for commitment and detention only those minors who have been adjudicated juvenile delinquents pursuant to RSA 169-B or who are awaiting the court’s disposition regarding allegations of juvenile delinquency. Physically restricted facilities which are primarily used for psychiatric treatment or evaluation, including psychiatric residential treatment facilities, shall not be limited only to such minors.
\t15 Children in Need of Services; Release Prior to Initial Appearance. Amend RSA 169-D:10, II(c) to read as follows:
\t\t\t(c) Where there are reasonable grounds to believe that the child is a runaway under RSA 169-D:2, II(b) or that the child is a child in need of services under RSA 169-D:2, II(d), the custody of department of health and human services for placement in a foster home, as defined in RSA 169-C:3, XIII, a group home, a crisis home, [or] a shelter care facility, or a psychiatric residential treatment facility, with expenses chargeable as provided in RSA 169-D:29; or
\t16 Children in Need of Services; Release Pending Adjudicatory Hearing. Amend RSA 169-D:13, I(c) to read as follows:
\t\t\t(c) Where the petition alleges that the child is a habitual runaway under RSA 169-D:2, II(b) or that the child is a child in need of services under RSA 169-D:2, II(d), released to the custody of the department of health and human services for placement in a foster home, as defined in RSA 169-C:3, XIII, a group home, a crisis home, [or] a shelter care facility, or a psychiatric residential treatment facility, with expenses chargeable as provided in RSA 169-D:29.
\t17 Children in Need of Services; Dispositional Hearing. Amend RSA 169-D:17, I(b)(2)(A) to read as follows:
\t\t\t\t(2)(A) Where the petition alleges that the child is a habitual runaway under RSA 169-D:2, II(b) or that the child is a child in need of services under RSA 169-D:2, II(d), releasing the child to the custody of the department of health and human services for placement in a foster home, as defined in RSA 169-C:3, XIII, a group home, a crisis home, [or] a shelter care facility, or a psychiatric residential treatment facility, with expenses charged in accordance with RSA 169-D:29.
\t18 Children in Need of Services; Dispositional Hearing. Amend RSA 169-D:17, II to read as follows:
\t\tII. Any child placed under this section with someone other than a relative shall be placed in a residential care facility or treatment facility licensed pursuant to RSA 170-E or in a license-exempt facility operated by the state. If a child is placed out of state, the provisions of RSA 170-A shall be followed.
\t19 Children in Need of Services; Liability of Expenses and Hearing on Liability. Amend RSA 169-D:29, I(c) to read as follows:
\t\t\t(c) 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. Expenses which are reimbursable by the parents or other persons chargeable by law for the child's support and necessities under this section shall include expenses for the cost of placement at a psychiatric residential treatment facility. Upon written request, the department shall provide the parents or other persons chargeable by law for the minor’s support and necessities with a statement of the costs of any services, placements, or programs incurred in the case to date. The parents or other persons chargeable by law for the minor’s support and necessities shall promptly notify the department of any insurance benefits that may be available to pay for all or a portion of the services provided. Upon receipt of notice of a proposed service, the parents or other persons chargeable by law for the minor’s support and necessities shall contact their insurance carrier within 48 hours to determine if coverage is available to pay for the particular service and shall notify the department of the results. If insurance coverage is available, the parents or other persons chargeable by law for the minor’s support and necessities shall cooperate with the insurance carrier and shall comply with the insurance carrier’s requirements for direct payment to the provider. 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 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, any benefits received from the Social Security Administration or insurance benefits available to the individual. 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, unless such reimbursement is fully paid prior to the end of the 4-year period. 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.
\t20 Youth Development Center; New Hampshire Youth Development Center; Administration. Amend RSA 621:1, III to read as follows:
\t\tIII. To ensure that juveniles are placed in the least restrictive environment consistent with their treatment needs, their safety, and the safety of the community, the department shall not establish treatment services at the youth development center or other architecturally secure facility which are not also available to children living in the community or in settings other than architecturally secure settings, except that the department may provide intensive, clinically-based, psychiatric inpatient services to individuals under the age of 21 in a psychiatric residential treatment facility established under RSA 621-B.
\t21 New Paragraph; Youth Development Center; Definition Added. Amend RSA 621:3 by inserting after paragraph VIII the following new paragraph:
\t\tIX. “Youth development center” or “center” means the New Hampshire juvenile correctional facility located at the Sununu Youth Services Center in Manchester, New Hampshire.
\t22 New Paragraph; Youth Services Center; Definition Added. Amend RSA 621-A:1 by inserting after paragraph III the following new paragraph:
\t\tIV. “Youth services center” means the New Hampshire juvenile detention facility located at the Sununu Youth Services Center in Manchester, New Hampshire.
\t23 New Chapter; Psychiatric Residential Treatment Facility. Amend RSA by inserting after chapter 621-A the following new chapter:
CHAPTER 621-B
PSYCHIATRIC RESIDENTIAL TREATMENT FACILITY
\t621-B:1 Definitions. In this chapter:
\t\tI. “Commissioner” means the commissioner of the department of health and human services.
\t\tII. “Department” means the department of health and human services.
\t\tIII. “Psychiatric residential treatment facility” means a facility other than a hospital that provides psychiatric services to individuals under the age of 21 in an inpatient setting.
\t621-B:2 Establishment of a Psychiatric Residential Treatment Facility. The commissioner of the department of health and human services may establish a psychiatric residential treatment facility at the Sununu Youth Services Center in Manchester, New Hampshire, or another suitable location within the state, as part of the state’s system of care in order to serve the unmet needs of youth within the state who have intensive behavioral health and treatment needs that cannot be adequately met in existing facilities.
\t621-B:3 Rulemaking. The commissioner shall adopt rules, pursuant to RSA 541-a, relative to the admission and discharge of youth placed in a psychiatric residential treatment facility pursuant to RSA 169-B, 169-C, or 169-D and youth who voluntarily receive services at a psychiatric residential treatment facility.
\t24 Effective Date. This act shall take effect July 1, 2016.
\t\t\t\t\t\t\t\t\t\t\t16-2714
\t\t\t\t\t\t\t\t\t\t\t1/25/16
SB 513-FN- FISCAL NOTE
AN ACT\trelative to the Sununu Youth Service Center.
FISCAL IMPACT:
The Department of Health and Human Services states this bill, as introduced, may increase state general fund expenditures by an indeterminable amount in FY 2017, decrease state general fund expenditures by an indeterminable amount in each year thereafter, and may increase revenue by an indeterminable amount in FY 2017 and each year thereafter. There will be no impact on county and local expenditures, or on state, county, and local revenue.
METHODOLOGY:
The Department of Health and Human Services states this bill authorizes the establishment of a psychiatric residential treatment facility (PRTF) at the Sununu Youth Services Center (SYSC), and makes necessary modifications to the delinquent, abuse, neglect, and Children in Need of Services (CHINS) statutes to facilitate the admission of youth to the PRTF. The Department assumes the following:
Based on the above assumptions, the Department anticipates operating the SYSC as a PRTF will result in needed general fund appropriations as shown in the following table:
| FY 2017 | FY 2018 | FY 2019 | FY 2020 | |
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Budget for SYSC (including cost of PRTF) | $16,589,761 | $15,589,761 | $15,589,761 | $15,589,761 | |
PRTF Revenue (Federal Medicaid Funds and Private Pay) | ($7,660,209) | ($7,660,209) | ($7,660,209) | ($7,660,209) | |
Net State Cost | $8,929,552 | $7,929,552 | $7,929,552 | $7,929,552 | |
Additional Staff Needed for Population Increase | $1,925,990 | $1,925,990 | $1,925,990 | $1,925,990 | |
General Funds Needed | $10,855,542 | $9,855,542 | $9,855,542 | $9,855,542 | |
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Note: Of the 2017 budget amount, $1,000,000 represents one-time costs to renovate the building. |
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For informational purposes, the Office of Legislative Budget Assistant notes the amount of general funds currently budgeted for the SYSC in FY 2017 is $10,049,157 ($13,545,903 appropriation in Chapter 275, Laws of 2015, minus $3,496,746 reduction required by Chapter 276:205, Laws of 2015). Based on the Department's projections, the bill will therefore result in an increase of $806,385 in state general fund expenditures in FY 2017 ($10,855,542 minus $10,049,157), followed by an indeterminable decrease in state general fund expenditures in FY 2018 and each year thereafter.
The Judicial Branch, Judicial Council, Department of Justice, and NH Association of Counties state this bill will have no fiscal impact.