Bill Text - HB414 (2017)

Limiting parental liability under a CHINS petition in certain circumstances.


Revision: June 8, 2017, 10:45 a.m.

HB 414-FN-A - VERSION ADOPTED BY BOTH BODIES

 

8Mar2017... 0543h

04/27/2017   1456s

 

2017 SESSION

17-0155

05/01

 

HOUSE BILL 414-FN-A

 

AN ACT limiting parental liability under a CHINS petition in certain circumstances.

 

SPONSORS: Rep. Horn, Merr. 2; Rep. Gauthier, Sull. 3

 

COMMITTEE: Finance

 

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AMENDED ANALYSIS

 

This bill provides that if a child or recipient of services under a CHINS petition dies during the reimbursement period, the state shall not require future payments from the parent or person chargeable by law for support of the minor.  Accrued unpaid reimbursements shall not be waived.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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... 0543h

04/27/2017   1456s 17-0155

05/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT limiting parental liability under a CHINS petition in certain circumstances.

 

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

 

1  New Subparagraph; Children In Need of Services; Liability of Expenses.  Amend RSA 169-D:29, I by inserting after subparagraph (e) the following new subparagraph:

(f)  If at any point during the reimbursement period, the child or recipient of services dies, no future payments from the parent or person chargeable by law for the child's support and necessities shall be required, provided that proof of death has been provided to the department of health and human services, and the reimbursement obligation shall be dismissed for payments beyond the date of death of the child or recipient.  Accrued unpaid reimbursements in arrears shall continue to be paid.

2  Effective Date.  This act shall take effect upon its passage.

 

LBAO

17-0155

1/9/17

 

HB 414-FN-A- FISCAL NOTE

As introduced

 

AN ACT limiting parental liability under a CHINS petition in certain circumstances.

 

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 removes the reimbursement obligation of the parent or guardian to the Department of Health and Human Services if a child dies while receiving services under RSA 169-D.  While the Department states there have not been cases in recent years in which the statute would have been applicable, the cost of services received by a child in FY 2016 ranged from $4,195 to $488,195.  Additionally, reimbursement obligation is currently dependent on the parent or guardian's ability to pay.

 

AGENCIES CONTACTED:

Department of Health and Human Services