Revision: June 6, 2016, midnight
\t \t\tSB 515-FN - VERSION ADOPTED BY BOTH BODIES
03/10/2016 0964s
03/24/2016 1159s
20Apr2016... 1354h
11May2016... 1631h
06/01/2016 2119EBA
2016 SESSION
\t16-2715
\t05/01
SENATE BILL\t515-FN
AN ACT\t relative 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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AMENDED ANALYSIS
\tThis bill provides that evidence of a custodial parent's opioid drug abuse or dependence creates a rebuttable presumption of harm under the Child Protection Act. 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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/10/2016 0964s
03/24/2016 1159s
20Apr2016... 1354h
11May2016... 1631h
06/01/2016 2119EBA\t16-2715
\t05/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\t relative to the child protection act.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Statement of Findings. The general court finds and declares that the state of New Hampshire is facing an epidemic regarding the misuse and abuse of opiates, including, but not limited to, heroin and fentanyl. A parent's use of these drugs can pose a substantial threat to the safety of the children living in the home. Consistent with the purposes of the child protection act, this act will help the department to insure the safety of the children living in the home, will enable the department to provide services to the parents and family to help them address their drug use so that they can safely parent their children and shall be administered to insure the preservation and unity of the family whenever possible.
\t2 New Section; Child Protection Act; Rebuttable Presumption of Harm. Amend RSA 169-C by inserting after section 12-d the following new section:
\t169-C:12-e Rebuttable Presumption of Harm. 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 create a rebuttable presumption that the child's health has suffered or is very likely to suffer serious impairment. The presumption may be rebutted by evidence of the parent's compliance with treatment for such use or dependence.
\t3 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.
\t4 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].
\t5 Repeal. RSA 169-C:12-e, relative to rebuttable presumption of harm, is repealed.
\t\tI. Sections 3 and 4 of this act shall take effect July 1, 2016.
\t\tII. Section 5 of this act shall take effect July 1, 2020.
\t\tIII. The remainder of 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\tAmended 4/25/16
SB 515-FN- FISCAL NOTE
AN ACT\trelative to the child protection act.
FISCAL IMPACT:
The Department of Health and Human Services, Judicial Branch, and Judicial Council state this bill, as amended by the House (Amendment #2016-1354h), may increase state general fund 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.
The Office of Legislative Budget Assistant is awaiting a response from the Department of Corrections relative to the fiscal impact of this bill. The Department was contacted on April 25, 2016.
METHODOLOGY:
The Department of Health and Human Services states this bill amends the Child Protection Act by providing that evidence of a custodial parent's opioid drug abuse or dependence shall create a rebuttable presumption 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, with the frequency of such testing at the discretion of the Department unless otherwise ordered by the court. 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 assumes the bill's cost will total approximately $90,000 in FY 2017, which will be absorbed within the Department's existing FY 2016/17 budget.
The Judicial Branch states that by making a parent's drug use a rebuttable presumption a child's health has suffered or is very likely to suffer serious impairment, the bill may add to the number of neglect cases heard by the courts. The Branch notes the average cost of a juvenile case in the family division of the circuit court is projected to be $326.55 in FY 2017 and $340.91 in FY 2018.
The Judicial Council states that by allowing the Department of Health and Human Services to bring more petitions alleging abuse or neglect, there will be more circumstances in which parents will request the assistance of counsel at state expense to help defend against the allegations. Each case carries with it a court-ordered $60/hour reimbursement rate for attorney fees, with an overall court-ordered cap of $1,700 per case.