Revision: March 8, 2016, midnight
\t \t\tSB 543-FN - AS INTRODUCED
2016 SESSION
\t16-2850
\t05/04
SENATE BILL\t543-FN
AN ACT\trelative to private transferring of adopted children.
SPONSORS:\tSen. Fuller Clark, Dist 21; Sen. Carson, Dist 14; Sen. Reagan, Dist 17; Sen. Lasky, Dist 13; Rep. Berrien, Rock. 18; Rep. Welch, Rock. 13; Rep. Pantelakos, Rock. 25; Rep. McBeath, Rock. 26
COMMITTEE:\tJudiciary
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ANALYSIS
\tThis bill prohibits unauthorized advertising for adoption purposes. The bill also prohibits the transfer of a child through a power of attorney document, or any other devices, without going through the state adoption procedures.
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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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2850
\t05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to private transferring of adopted children.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 New Subdivisions; Unauthorized Advertising for Adoption Purposes; Unlawful Placement of a Child for Adoption Purposes. Amend RSA 170-B by inserting after section 31 the following new subdivisions:
Unauthorized Advertising for Adoption Purposes
\t170-B:32 Unauthorized Advertising for Adoption Purposes; Exceptions; Penalty.
\t\tI. In this section:
\t\t\t(a) “Advertise through a public medium” means to communicate by any public medium, including by newspaper, periodical, telephone book listing, outdoor advertising sign, radio, or television or by computerized communication system, which includes an internet site, an internet profile, or any similar medium of communication provided via the internet. “Advertising through a public medium” does not include communicating through personal or work electronic mail, text, or telephone.
\t\t\t(b) “Another jurisdiction” means the District of Columbia, the Commonwealth of Puerto Rico, any territory or insular possession subject to the jurisdiction of the United States, an Indian tribe, or a state of the United States other than New Hampshire.
\t\t\t(c) “Child” means a person less than eighteen years of age.
\t\tII. Except as described in paragraph III, it is unlawful to advertise through a public medium for one of the following purposes:
\t\t\t(a) To find a child to adopt or to otherwise take permanent physical custody of a child;
\t\t\t(b) To find an adoptive home or any other permanent physical placement for a child or to arrange for or assist in the adoption, adoptive placement, or any other permanent physical placement of a child; or
\t\t\t(c) To offer to place a child for adoption or in any other permanent physical placement with another person.
\t\tIII. Paragraph II shall not apply to:
\t\t\t(a) An employee of the department of health and human services or a licensed child-placing agency, who is acting within the scope of his or her employment to place a child for adoption or in foster care;
\t\t\t(b) An adoption exchange whose membership includes licensed child-placing agencies that provide information and referral services to find adoptive homes and to promote adoption;
\t\t\t(c) An individual or organization that has entered into an agreement with or is actively working with any of the agencies or entities described in paragraph (a) or (b) to place a child for adoption;
\t\t\t(d) A person who advertises fertility-related services;
\t\t\t(e) An individual who has received a favorable recommendation regarding his or her fitness to be an adoptive parent in this state from the department of health and human services or a child-placing agency licensed in this state or in another jurisdiction from an entity authorized by that jurisdiction to conduct studies of potential adoptive homes;
\t\t\t(f) An individual who expresses a general interest in becoming an adoptive parent; or
\t\t\t(g) An attorney who is licensed to practice in New Hampshire who advertises his or her availability to practice or provide services relating to the adoption of children.
\t\tIV. Unauthorized advertising of a child, as described in paragraph II, is a misdemeanor.
Unlawful Placement of a Child for Adoption
\t170-B:33 Unlawful Placement of Child for Adoption. It shall be unlawful for a child’s parent or legal guardian to knowingly place a child for adoption, or knowingly attempt to place a child for adoption through the use of a power of attorney or other legal document in this state unless such parent or legal guardian follows the procedures for adoption set out in this chapter. If a parent or legal guardian, with the intent to permanently transfer physical and legal custody of the child to another, does not follow such procedures within 18 months of transferring physical custody of the child to another, he or she shall be deemed to have abandoned the child as described in RSA 170-C:5, I and shall be guilty of endangering the welfare of a child under RSA 639:3.
\t2 New Paragraph; Endangering the Welfare of a Child or Incompetent; Unlawful Placement of a Child for Adoption. Amend RSA 639:3 by inserting after paragraph II the following new paragraph:
\t\tII-a. In the prosecution of any person under this section, the placement of a child for adoption or the attempt to place a child for adoption in violation of RSA 170-B:33 constitutes endangering the welfare of such child.
\t3 Effective Date. This act shall take effect January 1, 2017.
\t\t\t\t\t\t\t\t\t\t\t16-2850
\t\t\t\t\t\t\t\t\t\t\t1/27/16
SB 543-FN- FISCAL NOTE
AN ACT\trelative to private transferring of adopted children.
FISCAL IMPACT:
The Judicial Branch and Department of Corrections state this bill, as introduced, may increase state general fund expenditures by an indeterminable amount in FY 2017 and each year thereafter. There will be no impact on county or local expenditures, or on state, county, or local revenue.
METHODOLOGY:
The Office of Legislative Budget Assistant states this bill prohibits unauthorized advertising for adoption purposes, as well as the transfer of a child through a power of attorney document without going through state adoption procedures. The 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 and Department of Corrections 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 |
|
|
Class B Misdemeanor | $50 | $53 |
Class A Misdemeanor | $70 | $74 |
Routine Criminal Felony Case | $449 | $470 |
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 Health and Human Services, Department of Justice, Judicial Council, and NH Association of Counties state this bill will have no fiscal impact.