Bill Text - HB349 (2017)

Relative to out-of-home placements under the child protection act.


Revision: May 18, 2017, 10:14 a.m.

HB 349-FN - VERSION ADOPTED BY BOTH BODIES

 

8Mar2017... 0658h

05/11/2017   1618s

2017 SESSION

17-0096

05/09

 

HOUSE BILL 349-FN

 

AN ACT relative to out-of-home placements under the child protection act.

 

SPONSORS: Rep. Itse, Rock. 10; Rep. Hoell, Merr. 23

 

COMMITTEE: Children and Family Law

 

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ANALYSIS

 

This bill requires a court order for an out-of-home placement under the child protection act to include written findings regarding the need for the placement.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

8Mar2017... 0658h

05/11/2017   1618s 17-0096

05/09

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to out-of-home placements under the child protection act.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Paragraphs; Child's Welfare and Findings Regarding Removal.  Amend RSA 169-C:6-b by inserting after paragraph II the following new paragraphs:

III.  If the court orders that a child be removed from his or her home at the preliminary hearing under RSA 169-C:15, the adjudicatory hearing under RSA 169-C:18, the dispositional hearing under RSA 169-C:19, or the final hearing under RSA 169-C:21, the court order for removal shall include specific written findings regarding the need for the out-of-home placement.  The order shall briefly state the facts the court found to exist that justify ordering the placement.

IV.  If the order does not comply with the requirements of paragraph III, the judge shall make a written finding to justify the out-of-home placement.  Providing a copy of the order, redacted to protect the identity of the parties and children, to the members of the house committee having jurisdiction over child and family issues shall not be considered a violation of RSA 169-C:25.

2  Effective Date.  This act shall take effect January 1, 2018.

 

LBAO

17-0096

1/4/17

 

HB 349-FN- FISCAL NOTE

as introduced

 

AN ACT relative to out-of-home placements under the child protection act.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2018

FY 2019

FY 2020

FY 2021

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

METHODOLOGY:

This bill adds sections III and IV to RSA 169-C:6-b, which is part of the Child Protection Act.  Section III requires the court to make specific written findings regarding the need for out-of-home placement in any abuse and neglect case in which an out-of-home placement is ordered.  Section IV requires a written finding justifying the out-of-home placement if the requirements of section III are not complied with.  The Judicial Branch states the hourly rate of a judge will be $146.72 in FY 2018 and $147.35 in FY 2019.  The Judicial Branch estimates it would take an additional 30 to 60 minutes per applicable case to provide a written finding.  At these hourly rates, the fiscal impact would exceed $10,000 if judges wrote more than 69 orders in FY 2018 and 68 orders in FY 2019 at an hour per order.  Based on the number of cases in previous years in which a written order would have been applicable, the Judicial Branch expects there to be an indeterminable increase in expenditures in excess of $10,000.

 

AGENCIES CONTACTED:

Judicial Branch and Department of Health and Human Services