SB592 (2018) Detail

Relative to the child welfare system.


CHAPTER 337

SB 592-FN-A - FINAL VERSION

 

03/14/2018   0992s

03/22/2018   1153s

3May2018... 1704h

05/23/2018   2099EBA

 

2018 SESSION

18-2819

05/03

 

SENATE BILL 592-FN-A

 

AN ACT relative to the child welfare system.

 

SPONSORS: Sen. Carson, Dist 14; Sen. Morse, Dist 22; Sen. Bradley, Dist 3; Sen. Avard, Dist 12; Sen. Reagan, Dist 17; Rep. Hinch, Hills. 21; Rep. Kotowski, Merr. 24; Rep. Bove, Rock. 5; Rep. Umberger, Carr. 2

 

COMMITTEE: Health and Human Services

 

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AMENDED ANALYSIS

 

This bill:

 

I.  Establishes an excess appropriation allocation account in the department of health and human services for the biennium ending June 30, 2019 and authorizes the department to fund certain positions through a combination of federal funds and funds from the account.

 

II.  Authorizes the department to fund foster care rate increases and foster care and adoption programs with a combination of federal funds and funds from the excess appropriation allocation account.

 

III.  Waives reimbursement for voluntary services under the child protection act.

 

IV.  Clarifies consent for medical treatment of children under guardianship or in foster care.

 

V.  Establishes a home visiting services initiative, child care services initiative, and parental assistance programs.

 

VI.  Establishes a committee to study family drug court models.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/14/2018   0992s

03/22/2018   1153s

3May2018... 1704h

05/23/2018   2099EBA 18-2819

05/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to the child welfare system.

 

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

 

337:1  New Section; Department of Health and Human Services; Account Established.  Amend RSA 126-A by inserting after section 74 the following new section:

126-A:75  Excess Appropriation Allocation Account.  There is hereby established under the department of health and human services an excess appropriation allocation account.  For the biennium ending June 30, 2019, immediately upon acceptance by the fiscal committee of any federal funds attributable to the 38 percentage point enhanced federal match for the children’s health insurance program, the commissioner of administrative services shall transfer general funds of an equal amount from account 05-95-47-470010-7948, Medicaid Care Management, into the excess appropriation allocation account.  Any funds remaining unspent in the excess appropriation allocation account at the end of each fiscal year shall lapse to the state general fund.

337:2  Department of Health and Human Services; Division for Children, Youth, and Families; Classified Positions Established.  The following classified positions are hereby established in the department of health and human services, division for children, youth and families:

I.  Seventeen child protection social worker I positions, at labor grade 18.

II.  Two supervisor IV positions, at labor grade 25.

III.  Two clerical (executive secretary II) positions, at labor grade 11.

337:3  Department of Health and Human Services; Positions; Funding Source.  The department of health and human services may use up to $1,333,000 in the fiscal year ending June 30, 2019 for the purpose of funding the positions established in section 2 of this act.  Of this amount, $826,460 shall be a charge against the department of health and human services excess appropriation allocation account established in RSA 126-A:75, and $506,540 shall be federal funds.  Fiscal committee approval shall not be required for the acceptance and expenditure of federal funds authorized under this section.

337:4  Department of Health and Human Services; Positions Added; Funding Source.

I.  The department of health and human services may use up to $718,000 in the fiscal year ending June 30, 2019 for the purpose of funding the following positions:

(a)  Eight child protective services workers, who shall be designated resource workers and shall be employees of the department.

(b)  Two licensed alcohol and drug counselors, who shall contract with the department.

II.  Of the amount authorized, $445,160 shall be a charge against the department of health and human services excess appropriation allocation account established in RSA 126-A:75, and $272,840 shall be federal funds.  Fiscal committee approval shall not be required for the acceptance and expenditure of federal funds authorized under this section.

337:5  Department of Health and Human Services; Foster Care Rates and Foster Care and Adoption Programs.  The department of health and human services may use up to $500,000 in the fiscal year ending June 30, 2019 for the purpose of funding foster care rates and foster care and adoption programs.  Of this amount, $310,000 shall be a charge against the department of health and human services excess appropriation allocation account established in RSA 126-A:75, and $190,000 shall be federal funds.  Fiscal committee approval shall not be required for the acceptance and expenditure of federal funds authorized under this section.

337:6  Child Protection Act; Duties of the Department of Health and Human Services.  Amend RSA 169-C:34, II-a to read as follows:

II-a.  The department may issue a confidential letter of concern to a person or persons responsible for the safety and welfare of the child that although there is insufficient evidence to substantiate a finding of abuse or neglect or of unfounded but with reasonable concern, the department encourages the person or persons responsible for the safety and welfare of the child to seek family support services and provide contact information to obtain such services.  Upon initiating an assessment, the department may offer the family ameliorative services to reduce risk and address child safety concerns.

337:7  Child Protection Act; Duties of the Department of Health and Human Services.  Amend RSA 169-C:34, V and V-a to read as follows:

V.  Notwithstanding any other provision of law to the contrary, the department may[, pursuant to a voluntary service plan that is developed and provided for a minor and the minor's family by the department,] offer voluntary services to families without making a determination of the person or persons [apparently] responsible for the abuse or neglect.  The department shall adopt rules, pursuant to RSA 541-A, relative to the provision of voluntary services under this paragraph.  The rules shall include provisions relative to the development of metrics to measure the effectiveness of voluntary services.  The costs of voluntary services provided by the department under this paragraph shall not be eligible for reimbursement under RSA 169-C:27.

V-a.  Notwithstanding any other provision of law to the contrary, the department may[, pursuant to a voluntary service plan that is developed and provided for the child by the department,] offer voluntary services to any child who prior to his or her eighteenth birthday was found to be neglected or abused, who was in legal custody of the department as of his or her eighteenth birthday, and who is less than 21 years of age.  The costs of voluntary services provided by the department under this paragraph shall not be eligible for reimbursement under RSA 169-C:27.

337:8  Child Protection Act; Liability for Expenses; Voluntary Services Excluded.  Amend RSA 169-C:27, I(a) and (b) to read as follows:

(a)  Whenever an order creating liability for expenses is issued by the court under this chapter [or whenever a voluntary service plan is developed and provided for a minor and the minor's family by the department], any expenses incurred for services, placements, and programs the providers of which are certified pursuant to RSA 170-G:4, XVIII, shall be payable by the department of health and human services.

(b)  Subparagraph (a) shall not apply to:

(1)  Expenses incurred for special education and related services[, or to];

(2) Expenses incurred for evaluation, care, and treatment of the child at the New Hampshire hospital; [or to]

(3)  Expenses incurred for the cost of accompanied transportation; or

(4)  Expenses incurred for voluntary services provided to a minor or the minor's family pursuant to RSA 169-C:34, II-a, RSA 169-C:34, V, or RSA 169-C:34, V-a.

337:9  Department of Health and Human Services; Voluntary Services; Funding Source.  The department of health and human services may use up to $1,500,000 in the fiscal year ending June 30, 2019 for the purpose of funding voluntary services to children, youth, and families under RSA 169-C.  Wherever possible, the department shall use federal TANF funds to fund services under this section, unless the TANF reserve falls below $40,000,000, at which point TANF funds shall not be used.  Any non-TANF share of costs shall be a charge against the department of health and human services excess appropriation allocation account established in RSA 126-A:75.

337:10  New Section; Guardianship of Minors and Estates of Minors; Guardianship of Minors in Foster Care and Consent for Medical Treatment.  Amend RSA 463 by inserting after section 12 the following new section:

463:12-a  Guardianship of Minors in Foster Care and Consent for Medical Treatment.  For any guardianship granted to the department of health and human services for a minor in foster care, or for any minor in the legal custody of the department receiving foster care services, the department's authority to consent to medical treatment for the minor may be established by, but not limited to, any of the following:

I.  A duly executed "Authorization for Medical Treatment" signed by the minor's parent or guardian;

II.  For the provision of ordinary medical care, including behavioral, mental health, or developmental health services, a copy of that portion of the court order transferring legal custody of the minor to the department under RSA 169-C; or

III.  A copy of the letter of guardianship issued to the department that authorizes the department to consent to medical or other treatment of the minor.

337:11  TANF Funded Initiative; Home Visiting Services.  The department of health and human services shall use $250,000 of available Temporary Assistance to Needy Families (TANF) funds to expand home visiting services through family resource centers.  A priority shall be placed on providing home visiting services to families to whom the department has issued a letter of concern pursuant to RSA 169-C:34, II-a, cases reported by the department of health and human services as unfounded but with reasonable concern, as defined in RSA 169-C:3, XXIX, and TANF recipients who, as parents of children under 12 months old, are exempt from TANF work requirements.  For purposes of this section, TANF funds shall be considered available, and may be used by the department to fund home visiting services through family resource centers, unless the TANF reserve falls below $40,000,000, at which point the program shall not be funded.

337:12  TANF Funded Initiative; Child Care Services.  The department of health and human services shall use up to $250,000 of allowable TANF funds to expand child care services to eligible recipients.  Priority shall be given to foster families, families with voluntary service plans through the department of health and human services, and families with individual service plans through family resource centers.  For purposes of this section, TANF funds shall be considered available, and may be used by the department to fund child care services, unless the TANF reserve falls below $40,000,000, at which point the program shall not be funded.

337:13  New Paragraph; Services for Children, Youth and Families; Parental Assistance Programs.  Amend RSA 170-G:4 by inserting after paragraph XIX the following new paragraph:

XX.  The department shall develop and administer an array of community-based, evidence-based, parental assistance programs that are designed to reduce child maltreatment, improve parent-child interactions, improve skills for regulating behavior and coping adaptively, and facilitate improved coordination of services and referrals, using such funds as are appropriated by the general court for this purpose.  The department shall prioritize the development of these programs in public health regions with the highest need as determined by the rates of poverty, child maltreatment, and other appropriate measures of social vulnerability.  The department shall develop outcome measures for the programs implemented and funded pursuant to this paragraph.  On or before June 30, 2019, and each year thereafter, the department shall submit a report to the wellness and primary prevention council on the use of these funds and the outcomes they have produced.  The commissioner of the department of health and human services shall adopt rules pursuant to RSA 541-A as necessary to implement this paragraph.

337:14  Department of Health and Human Services; Parental Assistance Programs; Funding Source.  The department of health and human services may use up to $500,000 in the fiscal year ending June 30, 2019, for the purpose of funding parental assistance programs under RSA 170-G:4 XX.  This amount shall be a charge against the department of health and human services excess appropriation allocation account established in RSA 126-A:75.

337:15  Child Protective Services; Agency Budget Request to Include Staff and Caseload Projections.  Each biennium, the commissioner shall develop projections of the number of child abuse and neglect cases and shall include in the department's budget request a specific appropriation for the funds and positions necessary to provide an adequate number of child protective service workers to meet nationally accepted caseload and workload standards.  When determining adequate caseload and workload standards, the department shall utilize other resources in determining appropriate caseloads, including but not limited to, the standards established by the Child Welfare League of America.

337:16  Department of Health and Human Services; Division for Children, Youth, and Families; Attorneys; Funding Source.  The department of health and human services may use up to $190,000 in the fiscal year ending June 30, 2019 for the purpose of hiring 2 staff attorneys for the division for children, youth, and families.  Of this amount, $117,800 shall be a charge against the department of health and human services excess appropriation allocation account established in RSA 126-A:75, and $72,200 shall be federal funds.  Fiscal committee approval shall not be required for the acceptance and expenditure of federal funds authorized under this section.

337:17  Family Drug Court; Study Committee Established.  There is established a committee to study the development of a family drug court in New Hampshire.

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

(a)  One member of the senate, appointed by the president of the senate.

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

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

III.  The committee shall study family drug court models and the feasibility of establishing a family drug court in New Hampshire.  The specialized court, with jurisdiction over child protection cases that involve substance use by the child's parents or guardians, would provide a coordinated and collaborative approach to reducing child maltreatment by treating parents' underlying substance use disorders.  The committee shall solicit information and testimony from any individual or agency the committee deems relevant to its study, including licensed alcohol and drug counselors, family law attorneys, representatives of the department of health and human services, and representatives of the district court family division.

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 senate 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 president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2018.

337:18  Repeal.  RSA 126-A:75, relative to the excess appropriation allocation account, is repealed.

337:19  Effective Date.

I.  Sections 1 and 18 of this act shall not take effect.

II.  Section 17 of this act shall take effect upon its passage.

III.  The remainder of this act shall take effect July 1, 2018.

 

Approved: June 26, 2018

Effective Date:

I. Sections 1 and 18 shall not take effect.

II. Section 17 shall take effect June 26, 2018.

III. Remainder shall take effect July 1, 2018.

 

 

Links

SB592 at GenCourtMobile

Action Dates

Date Body Type
Feb. 8, 2018 Senate Hearing
March 8, 2018 Senate Floor Vote
March 8, 2018 Senate Floor Vote
March 14, 2018 Senate Floor Vote
March 22, 2018 Senate Floor Vote
April 3, 2018 House Hearing
April 18, 2018 House Exec Session
April 25, 2018 House Exec Session
House Floor Vote
May 2, 2018 House Floor Vote

Bill Text Revisions

SB592 Revision: 4265 Date: June 27, 2018, 9:23 a.m.
SB592 Revision: 3866 Date: May 29, 2018, 12:32 p.m.
SB592 Revision: 3724 Date: May 3, 2018, 4:04 p.m.
SB592 Revision: 3332 Date: March 27, 2018, 10:24 a.m.
SB592 Revision: 3260 Date: March 20, 2018, 4:17 p.m.
SB592 Revision: 2981 Date: Jan. 25, 2018, 10:29 a.m.

Docket

Date Status
Jan. 18, 2018 Introduced 01/18/2018 and Referred to Health and Human Services; SJ 3
Feb. 8, 2018 ===ROOM CHANGE=== Hearing: 02/08/2018, Room 100, SH, 01:00 pm; SC 6
March 8, 2018 Committee Report: Ought to Pass with Amendment # 2018-0992s, 03/08/2018; SC 10A
March 8, 2018 Special Order to the next session, Without Objection, MA; 03/08/2018; SJ 6
March 14, 2018 Committee Report: Ought to Pass with Amendment # 2018-0992s, 03/14/2018; SC 11
March 14, 2018 Committee Amendment # 2018-0992s, AA, VV; 03/14/2018; SJ 7
March 14, 2018 Ought to Pass with Amendment 2018-0992s, MA, VV; Refer to Finance Rule 4-5; 03/14/2018; SJ 7
March 22, 2018 Committee Report: Ought to Pass with Amendment # 2018-1153s, 03/22/2018; SC 13A
March 22, 2018 Committee Amendment # 2018-1153s, AA, VV; 03/22/2018; SJ 10
March 22, 2018 Ought to Pass with Amendment 2018-1153s, MA, VV; OT3rdg; 03/22/2018; SJ 10
March 22, 2018 Introduced 03/22/2018 and referred to Finance HJ 10 P. 53
April 3, 2018 Public Hearing: 04/03/2018 02:45 PM LOB 210-211
April 6, 2018 Division III Work Session: 04/06/2018 09:00 AM LOB 210-211
April 11, 2018 Division III Work Session: 04/11/2018 10:00 AM LOB 210-211
April 16, 2018 Division III Work Session: 04/16/2018 09:00 AM LOB 210-211
April 18, 2018 ==RECESSED== Executive Session: 04/18/2018 01:00 PM LOB 210-211
April 23, 2018 ==CANCELLED== Division III Work Session: 04/23/2018 10:00 AM LOB 210-211
April 24, 2018 ==RESCHEDULED== Division III Work Session: 04/24/2018 09:00 AM LOB 210-211
April 25, 2018 Executive Session: 04/25/2018 10:00 AM LOB 210-211
Committee Report: Ought to Pass with Amendment # 2018-1704h (Vote 23-0; RC)
May 2, 2018 Committee Report: Ought to Pass with Amendment # 2018-1704h for 05/02/2018 (Vote 23-0; RC) HC 17 P. 22
May 3, 2018 Amendment # 2018-1704h: AA VV 05/03/2018
May 3, 2018 Ought to Pass with Amendment 1704h: MA VV 05/03/2018
May 10, 2018 Sen. Bradley Moved to Concur with the House Amendment, MA, VV; 05/10/2018; SJ 17
May 23, 2018 Enrolled Bill Amendment # 2018-2099e: AA VV 05/23/2018
May 23, 2018 Enrolled Bill Amendment # 2018-2099e Adopted, VV, (In recess of 05/23/2018); SJ 18
May 23, 2018 Enrolled 05/23/2018
May 23, 2018 Enrolled (In recess 05/23/2018); SJ 18
June 26, 2018 Signed by the Governor on 06/26/2018; Chapter 0337 SC 27
I. Section 1 and 18 shall not take effect SC 27
June 26, 2018 II. Section 17 Effective 06/26/2018 SC 27
July 1, 2018 III. Remainder Effective 07/01/2018 SC 27
June 26, 2018 Signed by the Governor on 06/26/2018; Chapter 0337
I. Section 1 & 18 shall not take effect
June 26, 2018 II. Section 17 Effective 06/26/2018
July 1, 2018 III. Remainder Effective 07/01/2018