Revision: April 5, 2018, 10:55 a.m.
HB 1683-FN - VERSION ADOPTED BY BOTH BODIES
2018 SESSION
18-2248
05/03
HOUSE BILL 1683-FN
AN ACT relative to the definition of child abuse.
SPONSORS: Rep. Massimilla, Graf. 1; Rep. Theberge, Coos 3; Rep. Irwin, Sull. 6; Rep. T. Smith, Hills. 17; Rep. Boutin, Graf. 2; Rep. Katsakiores, Rock. 6; Rep. Ebel, Merr. 5
COMMITTEE: Children and Family Law
-----------------------------------------------------------------
ANALYSIS
This bill amends the definition of abused child to include a child subjected to human trafficking.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18-2248
05/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT relative to the definition of child abuse.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Definition of Abused Child; Human Trafficking Added. Amend RSA 169-C:3, II(d) to read as follows:
(d) Physically injured by other than accidental means; or
(e) Subjected, by any person, to human trafficking as defined in RSA 633:7.
2 Effective Date. This act shall take effect 60 days after its passage.
18-2248
11/9/17
HB 1683-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to the definition of child abuse.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
|
| |||
| Estimated Increase / (Decrease) | |||
STATE: | FY 2019 | FY 2020 | FY 2021 | FY 2022 |
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 would add to the definition of an abused child under RSA 169-C:3, a child subject to human trafficking.
The Judicial Branch assumes the bill could add additional child abuse cases to the caseload of the judicial branch family division. In accordance with the New Hampshire Judicial Needs Assessment done by the National Center for State Courts, such cases would be classified as juvenile cases. The estimated average cost of a juvenile case will be $335 in FY 2019 and $338 in FY 2020. These amount do not include the cost of any appeals that may be taken following trial. It should be noted that average case cost estimates for FY 2019 and FY 2020 are based on data that is more than twelve years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types.
The Judicial Council is charged with reimbursing attorneys who represent the parents in abuse and neglect cases as well as the non-CASA Guardians ad Litem (GAL) appointed to represent the best interest of the child. The Council also has a two-year contract with Court Appointed Special Advocates of New Hampshire (CASA) to provide GAL services. The Council assumes an additional abuse case would require a parent attorney and GAL services. Parent attorneys are reimbursed at $60 per hour with a cap of $1,700 for services provided through the adjudication phase of the case. Each review hearing has a cap of $300 and there are typically four review hearings per case. An attorney is appointed to each indigent accused parent, the cost of which would be paid from the assigned counsel budget line. CASA provides the majority of GAL services in abuse and neglect cases. If CASA is not able to accept an appointment, a private GAL would be used at a cost of $60 per hour with a cap of $1,400. In addition, each review hearing has a cap of $300 and there are typically four reviews during a case.
The Department of Justice supervises the Director of Legal Services for the Division of Children, Youth and Families (DCYF) within the Department of Health and Human Services (DHHS) who, in turn supervises all of the attorneys who handle abuse and neglect matters for DHHS. The Department assumes, while the bill may increase the number of abuse cases handled by DCYF, it would not have a direct fiscal impact on the Department of Justice.
The Department of Health and Human Services assumes the bill would likely result in a small, but indeterminable increase in the number of cases and the related cost of services.
The Department of Corrections is not able to determine the fiscal impact because it has no information on the number of individuals who may be subject to the proposed legislation. The Department states the average annual cost of incarcerating an individual in the general population for the fiscal year ending June 30, 2017 was $36,960. For the same period, the average annual marginal cost of a general population inmate was $4,555 and the average cost of supervising and individual on Parole/Probation was $557.
The New Hampshire Association of Counties determined this bill would have no impact on county revenues or expenditures.
AGENCIES CONTACTED:
Judicial Branch, Judicial Council, Departments of Justice, Health and Human Service and Corrections and New Hampshire Association of Counties