Bill Text - HB1261 (2018)

Relative to record management of abuse and neglect reports.


Revision: March 8, 2018, 10:21 a.m.

HB 1261 - AS AMENDED BY THE HOUSE

 

6Mar2018... 0729h

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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

 

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.

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  RSA 169-C:35-a is repealed and reenacted to read as follows: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.

3  Effective Date.  This act shall take effect July 1, 2019.

HB 1261 - AS AMENDED BY THE HOUSE

 

6Mar2018... 0729h

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

 

-----------------------------------------------------------------

 

ANALYSIS

 

This bill revises the retention requirements for founded, unfounded, unfounded but with reasonable concern, and screened-out reports of abuse or neglect.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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 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:

 

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.

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.

3  Effective Date.  This act shall take effect July 1, 2019.