Revision: Nov. 28, 2017, 2:57 p.m.
HB 1103-FN - AS INTRODUCED
2018 SESSION
18-2458
05/04
HOUSE BILL 1103-FN
AN ACT relative to financial responsibility for voluntary services provided pursuant to a report of abuse or neglect that is "unfounded but with reasonable concern."
SPONSORS: Rep. Hinch, Hills. 21; Rep. K. Rice, Hills. 37; Rep. Spanos, Belk. 3; Rep. Berrien, Rock. 18; Rep. LeBrun, Hills. 32; Sen. Bradley, Dist 3; Sen. Carson, Dist 14
COMMITTEE: Children and Family Law
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ANALYSIS
This bill provides that voluntary services provided pursuant to a report of abuse and neglect that is unfounded but with reasonable concern shall be exempt from parental liability for reimbursement and shall be paid from available federal TANF reserve funds.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18-2458
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subparagraph; Child Protection Act; Liability for Expenses. Amend RSA 169-C:27, I by inserting after subparagraph (f) the following new subparagraph:
(g) Notwithstanding subparagraph (c), the state shall have no right of action against the parents or other people chargeable by law for the minor's support and necessities for voluntary services provided to the child, family, or household in a case that was unfounded but with reasonable concern, as defined in RSA 169-C:3, XXIX. In such cases, any services provided by the department shall be paid from available TANF reserve funds.
2 Effective Date. This act shall take effect July 1, 2018.
18-2458
11/27/17
HB 1103-FN- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2019 | FY 2020 | FY 2021 | FY 2022 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | Indeterminable Decrease | Indeterminable Decrease | Indeterminable Decrease | Indeterminable Decrease |
Expenditures | $0 | $0 | $0 | $0 |
Funding Source: | [ ] General [ ] Education [ ] Highway [ X ] Other - Cost Recovery revenue | |||
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METHODOLOGY:
This bill removes the state's right of recovery for the cost of voluntary services provided to children and families in cases that are deemed "unfounded but with reasonable concern." The bill states that in such cases, any services provided by the Department of Health and Human Services shall be paid from available Temporary Assistance to Needy Families (TANF) reserve funds, which are reserve funds consisting of unspent federal TANF dollars available to the state for certain federally-approved purposes. The Department states that while it does not currently provide voluntary services in cases determined to be unfounded but with reasonable concern, it expects to provide such services going forward. The cost of these services is estimated to be $1.5 million annually. The Department assumes that by removing the state's right of cost recovery, the bill will result in a small but indeterminable decrease in state revenues. The Department further notes that, since the bill appears to prohibit the use of any funding source other than TANF reserve money, it may be unable to provide certain voluntary services that do not qualify for TANF funding.
AGENCIES CONTACTED:
Department of Health and Human Services