HB355 (2017) Detail

Relative to criminal record checks in adoption proceedings and foster family home licensing.


CHAPTER 136

HB 355-FN - FINAL VERSION

 

20Apr2017... 1585-EBA

2017 SESSION

17-0281

05/01

 

HOUSE BILL 355-FN

 

AN ACT relative to criminal record checks in adoption proceedings and foster family home licensing.

 

SPONSORS: Rep. Berrien, Rock. 18; Rep. LeBrun, Hills. 32; Rep. Guthrie, Rock. 13; Rep. P. Long, Hills. 10; Sen. Hennessey, Dist 5

 

COMMITTEE: Children and Family Law

 

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ANALYSIS

 

This bill requires the adoption and foster family home licensing process to include a fingerprint-based criminal records check of any adult living in the home.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20Apr2017... 1585-EBA 17-0281

05/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to criminal record checks in adoption proceedings and foster family home licensing.

 

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

 

136:1  Adoption; Assessment.  Amend RSA 170-B:18, VII to read as follows:

VII.  The court shall require a background check in all adoption proceedings initiated by the department or by another child placing agency.  The background check shall consist of a fingerprint-based criminal record check of national crime information databases for all prospective adoptive parents and any other adults living in the home, as well as a central registry check for all prospective adoptive parents and any other adult living in the home.

(a)  For the criminal record check required under this paragraph, the department shall submit the prospective adoptive parents' fingerprints and the fingerprints of any other adults living in the home to the department of safety, division of state police, for forwarding to the Federal Bureau of Investigation.  Upon completion of the criminal record check, the division of state police shall forward the results to the department.

(b)  The central registry check shall include a check of the department's central registry of founded reports of child abuse and neglect under RSA 169-C:35 and shall include a check of the child abuse and neglect registries in any other state in which the prospective adoptive parent or other adult living in the home has resided in the preceding 5 years.  Information obtained from another state pursuant to this subparagraph shall be used only for the purposes of conducting the background checks.

136:2  Child Day Care and Child-Placing Agencies; State Registry and Criminal Records Check for Foster Family Home.  Amend RSA 170-E:29, II-a to read as follows:

II-a.  In the case of an initial application for a foster family home, the department shall conduct a background check of the prospective foster parents and any other adult living in the home.  The background check shall consist of a fingerprint-based criminal record check of national crime information databases for the prospective foster parents and any other adults living in the home, as well as a central registry check for the prospective foster parents and any other adult living in the home.

(a)  For the criminal record check required under this paragraph, the department shall submit the prospective foster parents' fingerprints and the fingerprints of any other adults living in the home to the department of safety, division of state police, for forwarding to the Federal Bureau of Investigation.  Upon completion of the criminal record check, the division of state police shall forward the results to the department.

(b)  The central registry check shall include a check of the department's central registry of founded reports of child abuse and neglect under RSA 169-C:35 and shall include a check of the child abuse and neglect registries in any other state in which the prospective foster parents or other adult living in the home has resided in the preceding 5 years.  Information obtained from another state pursuant to this subparagraph shall be used only for the purposes of conducting the background checks.

136:3  Effective Date.  This act shall take effect upon its passage.

 

Approved: June 16, 2017

Effective Date: June 16, 2017

 

 

 

Links

HB355 at GenCourtMobile

Action Dates

Date Body Type
Jan. 24, 2017 House Hearing
Jan. 31, 2017 House Exec Session
Feb. 9, 2017 House Floor Vote
March 21, 2017 Senate Hearing
April 20, 2017 Senate Floor Vote

Bill Text Revisions

HB355 Revision: 985 Date: June 19, 2017, 10:54 a.m.
HB355 Revision: 986 Date: May 3, 2017, 4:38 p.m.
HB355 Revision: 987 Date: Jan. 30, 2017, 9:53 a.m.

Docket

Date Status
Jan. 5, 2017 Introduced 01/05/2017 and referred to Children and Family Law HJ 3 P. 10
Jan. 24, 2017 Public Hearing: 01/24/2017 10:00 AM LOB 206
Jan. 31, 2017 Executive Session: 01/31/2017 10:00 AM LOB 206
Feb. 9, 2017 Committee Report: Ought to Pass for 02/09/2017 (Vote 14-0; CC) HC 10 P. 2
Feb. 9, 2017 Ought to Pass: MA VV 02/09/2017 HJ 6 P. 2
Feb. 9, 2017 Referred to Criminal Justice and Public Safety 02/09/2017 HJ 6 P. 2
Feb. 16, 2017 Referral Waived by Committee Chair per House Rule 46(f) 02/16/2017 HJ 8 P. 43
Feb. 16, 2017 Introduced 02/16/2017 and Referred to Judiciary; SJ 7
March 14, 2017 ==CANCELLED== Hearing: 03/14/2017, Room 100, SH, 09:30 am; SC 14
March 21, 2017 Hearing: 03/21/2017, Room 100, SH, 09:15 am; SC 15
April 20, 2017 Committee Report: Ought to Pass, 04/20/2017; Vote 5-0; CC; SC 19
April 20, 2017 Ought to Pass: MA, VV; OT3rdg; 04/20/2017; SJ 14
April 27, 2017 Enrolled Bill Amendment # 2017-1585e Adopted, VV, (In recess of 04/27/2017); SJ 16
April 20, 2017 Enrolled Bill Amendment # 2017-1585e: AA VV 04/20/2017 HJ 14 P. 26
May 11, 2017 Enrolled (In recess 05/11/2017); SJ 17
May 4, 2017 Enrolled 05/04/2017 HJ 15 P. 48
June 16, 2017 Signed by Governor Sununu 06/16/2017; Chapter 136; Eff. 6/16/2017