CHAPTER 172
HB 1261 - FINAL VERSION
6Mar2018... 0729h
10May2018... 1954-EBA
2018 SESSION
18-2320
05/06
HOUSE BILL 1261
AN ACT relative to record management of abuse and neglect reports.
SPONSORS: Rep. Guthrie, Rock. 13; Rep. Berrien, Rock. 18; Rep. LeBrun, Hills. 32; Rep. Weber, Ches. 1; Sen. Carson, Dist 14
COMMITTEE: Children and Family Law
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ANALYSIS
This bill revises the retention requirements for founded, unfounded, unfounded but with reasonable concern, and screened-out reports of abuse or neglect.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
6Mar2018... 0729h
10May2018... 1954-EBA 18-2320
05/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT relative to record management of abuse and neglect reports.
Be it Enacted by the Senate and House of Representatives in General Court convened:
172:1 New Paragraph; Child Protection Act; Definition of Screened-Out Report. Amend RSA 169-C:3 by inserting after paragraph XXVII-b the following new paragraph:
XXVII-c. “Screened-out report” means a report made pursuant to this chapter that the department has determined does not rise to the level of a credible report of abuse or neglect and is not referred for assessment.
172:2 Child Protection Act; Records Management of Abuse and Neglect Reports. RSA 169-C:35-a is repealed and reenacted to read as follows:
169-C:35-a Records Management of Abuse and Neglect Reports.
I. The department shall retain a screened-out report for 4 years from the date that the report was screened out. If during the 4-year retention period, the department receives a subsequent report of abuse or neglect concerning the same alleged perpetrator or the same child or any siblings or other children in the same household or in the care of the same adults, the department shall retain information from the prior and subsequent reports for an additional 4 years from the date a subsequent report is screened out, an additional 10 years from the date a subsequent report is deemed unfounded, and indefinitely if the subsequent report is deemed founded or unfounded but with reasonable concern. The department shall delete or destroy all electronic and paper records of the reports when the retention period for the most recent report expires.
II. The department shall retain an unfounded report for 10 years from the date that the department determined the case to be unfounded. If during the 10-year retention period, the department receives a subsequent report of abuse or neglect concerning the same alleged perpetrator or the same child or any siblings or other children in the same household or in the care of the same adults, the department shall retain the information from the prior and subsequent reports for an additional 10 years from the date the subsequent report is screened out or deemed unfounded, or indefinitely if the subsequent report is deemed founded or unfounded but with reasonable concern. The department shall delete or destroy all electronic and paper records of the reports when the most recent report expires.
III. The department shall retain a founded report, or a report that is unfounded but with reasonable concern, indefinitely.
IV. Nothing in this section shall prevent the department from retaining generic, non-identifying information which is required for state and federal reporting and management purposes.
172:3 Contingency. If SB 63 of the 2018 regular legislative session becomes law, section 1 of this act shall not take effect. If SB 63 of the 2018 regular legislative session does not become law, section 1 of this act shall take effect July 1, 2019.
I. Section 1 of this act shall take effect as provided in section 3 of this act.
II. The remainder of this act shall take effect July 1, 2019.
Approved: June 08, 2018
Effective Date:
I. Section 1 shall take effect as provided in section 3.
II. Remainder shall take effect July 1, 2019
| Date | Body | Type |
|---|---|---|
| Jan. 30, 2018 | House | Hearing |
| Feb. 20, 2018 | House | Exec Session |
| Feb. 21, 2018 | House | Exec Session |
| House | Floor Vote | |
| March 6, 2018 | House | Floor Vote |
| March 29, 2018 | Senate | Hearing |
| May 2, 2018 | Senate | Floor Vote |
June 8, 2018: Signed by Governor Sununu 06/08/2018; Chapter 172; I. Sec. 1 eff. as prov. in sec. 3; II. Rem. eff. 7/1/2019
May 10, 2018: Enrolled 05/10/2018
May 10, 2018: Enrolled (In recess 05/10/2018); SJ 18
May 10, 2018: Enrolled Bill Amendment # 2018-1954e: AA VV 05/10/2018
May 10, 2018: Enrolled Bill Amendment # 2018-1954e Adopted, VV, (In recess of 05/10/2018); SJ 18
May 2, 2018: Ought to Pass: MA, VV; OT3rdg; 05/02/2018; SJ 15
May 2, 2018: Committee Report: Ought to Pass, 05/02/2018; Vote 5-0; CC SC 19
March 29, 2018: Hearing: 03/29/2018, Room 101, LOB, 01:00 pm; SC 14
March 8, 2018: Introduced 03/08/2018 and Referred to Health and Human Services; SJ 7
March 6, 2018: Ought to Pass with Amendment 0729h: MA VV 03/06/2018 HJ 6 P. 4
March 6, 2018: Amendment # 2018-0729h: AA VV 03/06/2018 HJ 6 P. 4
: Committee Report: Ought to Pass with Amendment # 2018-0729h (Vote 12-2; CC)
March 6, 2018: Committee Report: Ought to Pass with Amendment # 2018-0729h for 03/06/2018 (Vote 12-2; CC) HC 9 P. 3
Feb. 21, 2018: ==RESCHEDULED== Executive Session: 02/21/2018 11:00 AM LOB 206
Feb. 20, 2018: Executive Session: 02/20/2018 11:00 AM LOB 206
Jan. 30, 2018: Public Hearing: 01/30/2018 11:00 AM LOB 206
Jan. 3, 2018: Introduced 01/03/2018 and referred to Children and Family Law HJ 1 P. 4