HB422 (2017) Detail

Repealing the child protection act.


HB 422-FN - AS INTRODUCED

 

 

2017 SESSION

17-0456

05/04

 

HOUSE BILL 422-FN

 

AN ACT repealing the child protection act.

 

SPONSORS: Rep. Brewster, Merr. 21

 

COMMITTEE: Children and Family Law

 

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ANALYSIS

 

This bill repeals the child protection act and establishes a study committee to address additional statutory changes needed as a result of the repeal.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0456

05/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT repealing the child protection act.

 

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

 

1  Repeal.  RSA 169-C, the child protection act, is repealed.

2  Committee Established.  There is established a committee to study the repeal of the child protection act.

I.  The members of the committee shall be as follows:

(a)  Three members of the house of representatives, appointed by the speaker of the house of representatives.

(b)  Two members of the senate, appointed by the president of the senate.

II.  Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

III.  The committee shall review the repeal of RSA 169-C in section 1 of this act and develop draft legislation to address outstanding cross-references and related statutory changes required by the repeal.

IV.  The members of the study committee shall elect a chairperson from among the members.  The first meeting of the committee shall be called by the first-named house member.  The first meeting of the committee shall be held within 45 days of the effective date of this section.  Three members of the committee shall constitute a quorum.

V.  The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2017.

3  Effective Date.  

I.  Section 1 of this act shall take effect January 1, 2018.

II.  The remainder of this act shall take effect upon its passage.

 

LBAO

17-0456

1/9/17

 

HB 422-FN- FISCAL NOTE

As introduced

 

AN ACT repealing the child protection act.

 

FISCAL IMPACT:      [ X ] State              [ X ] County               [ X ] 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

Indeterminable

Indeterminable

Indeterminable

Funding Source:

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

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

 

 

 

 

 

LOCAL:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

 

METHODOLOGY:

This bill repeals the Child Protection Act under RSA 169 and establishes a committee to study the repeal and report its findings.  The fiscal impact to state, county, and local entities is indeterminable.

 

The Department of Health and Human Services states it has budgeted $1,038,122 in both FY 2018 and FY 2019 for protective and preventative services.  Of these funds, 64.34 percent is federal funds and 35.61 percent is general funds.  The Department assumes passage of the legislation would reduce or eliminate both the federal revenue and general fund expenditures for these services by an indeterminable amount.  The Department also assumes some services would continue to be provided for abused and neglected children, regardless of the repeal, in which case costs of those services may offset potential reductions in expenditures.

 

The Judicial Branch states there was an average of 959 abuse/neglect cases filed per calendar year from 2013 through 2015.  Per the Judicial Branch, the cost of an average juvenile case will be $331.23 in FY 2018 and $334.76 in FY 2019.  Based on these figures and effective date of the proposed legislation, it is estimated there would be savings of $158,800 in FY 2018 and $321,000 in FY 2019 with similar savings anticipated in future fiscal years.  However, the Judicial Branch states any potential savings could be offset by other case types that may increase as a result of the repeal.  Additionally, criminal prosecutions may also increase by repealing statute related to assisting parents to deal with and correct problems in order to avoid removal of children from family.

 

The Judicial Council states the proposed legislation would remove the requirement that family courts appoint either a Court Appointed Special Advocate or a guardian ad litem for a child who is subject of abuse or neglect proceedings as well as remove the requirement for family courts to appoint an attorney to represent an indigent parent alleged to have neglected or abused his or her child.  Currently, the Judicial Council pays for these services.  The Judicial Council estimates costs of providing these services in FY 2018 and FY 2019 would meet or exceed costs in FY 2016 ($1,590,000) thereby becoming savings as a result of the repeal.  However, the Judicial Council is unable to estimate the number of future cases which may arise as a result of the repeal.

 

This bill contains the removal of certain penalties that may have an impact on the New Hampshire judicial and correctional systems.  There is no method to determine how many charges would decrease as a result of the changes contained in this bill to determine the fiscal impact on expenditures.  However, the entities impacted have provided the potential costs associated with these penalties below which would become potential savings as a result of the repeal.

 

Department of Corrections

 

 

FY 2016 Average Cost of Incarcerating an Individual

$35,832

$35,832

FY 2016 Average Cost of Supervising an Individual on Parole/Probation

$573

$573

NH Association of Counties

 

 

County Prosecution Costs

Indeterminable

Indeterminable

Estimated Average Daily Cost of Incarcerating an Individual

$85 to $110

$85 to $110

 

While many offenses are prosecuted by local and county prosecutors, the effect on localities and counties would be an indeterminable impact.

 

AGENCIES CONTACTED:

Department of Health and Human Services, Department of Corrections, Judicial Branch, Judicial Council, New Hampshire Association of Counties, New Hampshire Municipal Association, and Department of Justice

 

 

Links

HB422 at GenCourtMobile

Action Dates

Date Body Type
Jan. 24, 2017 House Hearing
Feb. 7, 2017 House Exec Session
Feb. 15, 2017 House Floor Vote

Bill Text Revisions

HB422 Revision: 1006 Date: Jan. 27, 2017, 12:07 p.m.

Docket

Date Status
Jan. 5, 2017 Introduced 01/05/2017 and referred to Children and Family Law HJ 3 P. 12
Jan. 24, 2017 Public Hearing: 01/24/2017 01:00 PM LOB 206
Feb. 7, 2017 Executive Session: 02/07/2017 01:00 PM LOB 206
Feb. 15, 2017 Committee Report: Inexpedient to Legislate for 02/15/2017 (Vote 14-0; CC) HC 11 P. 7
Feb. 15, 2017 Inexpedient to Legislate: MA VV 02/15/2017 HJ 7 P. 6