Revision: Jan. 28, 2016, midnight
\t \t\tSB 515-FN - AS INTRODUCED
2016 SESSION
\t16-2715
\t05/01
SENATE BILL\t515-FN
AN ACT\trelative to child neglect and other changes to the child protection act.
SPONSORS:\tSen. Reagan, Dist 17; Sen. Carson, Dist 14; Sen. Fuller Clark, Dist 21; Rep. Kotowski, Merr. 24; Rep. LeBrun, Hills. 32; Rep. MacKay, Merr. 14; Rep. J. Ward, Rock. 19; Rep. Ford, Graf. 3; Rep. Simpson, Rock. 18
COMMITTEE:\tHealth and Human Services
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ANALYSIS
\tThis bill provides that, in a proceeding under the child protection act, a medical diagnosis of neonatal syndrome based on a parent's use of non-prescription drugs or evidence of a custodial parent's opioid drug abuse or dependence shall constitute evidence of child neglect. The bill also permits the court to order periodic alcohol or drug testing and provides that the parent may be responsible for the cost of such tests.
\tThe bill is a request of 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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2715
\t05/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to child neglect and other changes to the child protection act.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Child Protection Act; Definition of a Neglected Child. Amend RSA 169-C:3, XIX(b) to read as follows:
\t\t\t(b) Who is without proper parental care or control, subsistence, education as required by law, or other care or control necessary for his physical, mental, or emotional health, when it is established that his health has suffered or is very likely to suffer serious impairment; and the deprivation is not due primarily to the lack of financial means of the parents, guardian or custodian. A medical diagnosis of neonatal abstinence syndrome based on the parent's use of non-prescription drugs or evidence of a custodial parent's opioid drug abuse or opioid drug dependence, as defined in RSA 318-B:1, I or RSA 318-B:1, IX, shall constitute prima facie evidence that the child's health has suffered or is very likely to suffer serious impairment; or
\t2 New Section; Child Protection Act; Court Ordered Alcohol and Drug Testing. Amend RSA 169-C by inserting after section 12-c the following new section:
\t169-C:12-d Court-Ordered Alcohol and Drug Testing. The court may order alcohol or drug testing at any stage of the proceeding where substance abuse is an ongoing issue in the case, where alcohol or drug use is a disputed issue of fact, or where there is reason to believe that alcohol or drug use may be substantially interfering with a parent's ability to adhere to the case plan. Unless otherwise ordered by the court, the frequency and type of such testing shall be at the discretion of the department.
\t3 Child Protection Act; Liability of Expenses and Hearing on Liability. Amend RSA 169-C:27, I(b) to read as follows:
\t\t\t(b) Subparagraph (a) shall not apply to expenses incurred for special education and related services, or to expenses incurred for evaluation, care, and treatment of the child at the New Hampshire hospital or to expenses incurred for the cost of accompanied transportation [or to expenses incurred for the cost of alcohol and drug testing].
\t4 Effective Date. This act shall take effect upon its passage.
\t\t\t\t\t\t\t\t\t\t\t16-2715
\t\t\t\t\t\t\t\t\t\t\t1/25/16
SB 515-FN- FISCAL NOTE
AN ACT\trelative to child neglect and other changes to the child protection act.
FISCAL IMPACT:
The Department of Health and Human Services, Department of Corrections, Judicial Branch, and Judicial Council state this bill, as introduced, may increase state expenditures 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 amends the definition of "neglect" under the Child Protection Act to provide that a diagnosis of neonatal abstinence syndrome based on the parent's use of non-prescription drugs or evidence of a custodial parent's opioid drug dependence would constitute prima facie evidence that the child's health has suffered or is very likely to suffer serious impairment. The bill also authorizes court-ordered alcohol and drug testing in abuse and neglect cases and requires the Department be responsible in the first instance for the cost of such testing. The Department notes for state fiscal years 2013-2015, the average number of referrals to the Division of Children, Youth, and Families (DCYF) involving a child born to drug exposure was 350 per year. Of that number, the Department assumes a certain percentage would meet the statutory requirements of the bill and the bill's presumption regarding proof of harm will result in DCYF involvement with cases that might not have been brought otherwise. The Department is unable to predict the number of additional cases that will be brought, but assumes that the state/federal share for any additional services, placements, and programs will be 55.65% state and 44.35% federal. With respect to drug testing, the Department notes its previous responsibility to pay for such testing in abuse and neglect cases was removed in 2011. At that time, the Department estimated cost savings of $200,000 per year as a result of discontinuing this responsibility. While the Department anticipates an increase in the use of this service over 2011 levels, the provider for this service has reduced the cost of each screening from $85 to $50. Accordingly, the Department estimates the cost of testing under the bill will remain at the 2011 level, or approximately $200,000 per year. Federal funds are unavailable to pay for this service and so the cost will be paid entirely with general funds.
The Office of Legislative Budget Assistant states this bill contains penalties that may have an impact on the New Hampshire judicial and correctional systems. An unspecified misdemeanor can be either class A or class B, with the presumption being a class B misdemeanor. There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures. However, the Judicial Branch, Department of Corrections, Judicial Council and New Hampshire Association of Counties have provided the Office with potential costs associated with the penalties contained in this bill. See table below for average cost information:
| FY 2017 | FY 2018 |
Judicial Branch |
|
|
Juvenile Case | $327 | $341 |
It should be noted average case cost estimates for FY 2017 and FY 2018 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types. | ||
Judicial Council |
|
|
Assigned Counsel – Abuse and Neglect | $60/Hour up to $1,700 | $60/Hour up to $1,700 |
It should be noted that a person needs to be found indigent and have the potential of being incarcerated to be eligible for indigent defense services. The majority of indigent cases (approximately 85%) are handled by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned counsel (1%). | ||
Department of Corrections |
|
|
FY 2015 Average Cost of Incarcerating an Individual | $34,336 | $34,336 |
FY 2015 Average Cost of Supervising an Individual on Parole/Probation | $520 | $520 |
The Department of Justice and the New Hampshire Association of Counties states this bill will have no fiscal impact.