Revision: Jan. 25, 2018, 10:29 a.m.
SB 592-FN-A - AS INTRODUCED
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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ANALYSIS
This bill restores incentive funds to municipalities as a means of preventing out-of-home placements and reducing the number of child protection cases; waives reimbursement for voluntary services under the child protection act; establishes a home visiting services initiative; directs the department of health and human services to contract with a family resource center of quality specialist; expands child care services; establishes resource worker and trauma specialist positions in the bureau of child protective services; establishes and expands the foster care health program; establishes a committee to study family drug court models; and makes a supplemental appropriation to the department of health and human services to fund various positions.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18-2819
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:
1 New Paragraph; Department of Health and Human Services; Services for Children, Youth and Families; Incentive Funds. Amend RSA 170-G:4 by inserting after paragraph XIX the following new paragraph:
XX. Encourage cities, towns, and counties to develop and maintain prevention programs, court diversion programs, and alternative dispositions for juveniles other than placement outside of the home through the use of a formula which shall allow for the transfer of funds to cities, towns, and counties which have or are developing prevention programs or alternatives for juvenile care. The amount to be distributed for this program shall be not less than 4.5 percent of the annual amount appropriated to the department of health and human services for placement costs. The method of distribution shall be based upon rules adopted under RSA 541-A by the commissioner. For purposes of this paragraph, prevention programs shall include programs or activities for the prevention of child abuse and neglect.
2 Child Protection Act; Liability For Expenses; Voluntary Services Excluded. Amend RSA 169-C:27, I(a) and (b) to read as follows:
I.(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.
3 TANF Funded Initiative; Home Visiting Services. The department of health and human services shall use allowable 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. The expansion of home visiting services required under this section shall be a TANF non-assistance program, the total cost of which shall not exceed $1,200,000.
4 TANF Funded Initiative; Family Resource Centers of Quality Specialist. The department of health and human services shall use $75,000 of allowable TANF funds to contract with a family resource center of quality specialist. The role of the specialist shall be to provide technical assistance to family resource centers throughout the state and aid the centers in establishing and achieving the high quality standards necessary for national certification. The person selected by the department shall be qualified by reason of education and experience to assume the responsibilities of a family resource centers of quality specialist.
5 TANF Funded Initiative; Child Care Services. The department of health and human services shall use $475,000 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.
6 New Subdivision; Child Protective Service. Amend RSA 170-G by inserting after section 19 the following new subdivision:
Child Protective Services
170-G:20 Child Protective Services Workers; Resource Workers.
I. The department shall ensure adequate staffing of child protective service workers capable of providing high quality, trauma informed interventions for children and families when an out-of-home placement is required. The department shall designate one child protective service worker as the trauma specialist for each district office. The trauma specialist shall have the additional training and experience necessary to coordinate trauma informed care and practice within the district office and shall serve as a resource to other child protective service workers. The trauma specialist shall assist in cases involving children and families who have experienced trauma from a variety of sources, including mental health, domestic violence, and substance abuse issues.
II. Separately designated resource workers shall be responsible for child care licensing, home studies, and coordination of care, as well as training and support for foster care families. The resource workers shall facilitate communication between the department and foster care communities, coordinate care for children in out-of-home placements, and serve as the conduit between the foster care needs of the community and the department.
170-G:21 Foster Care Health Program. There is hereby established a foster care health program in the department of health and human services. The program shall be designed to assist children in out-of-home placements to remain with their medical care home provider. Nurses in the foster care health program shall be responsible for coordination of care for children in custody and guardianship of the department who require follow-up, specialty services, surgical treatment, and opioid and narcotic medication administration and management. The nurses shall also be responsible for providing clinical consultation, education, and training to community agencies, residential facilities, foster parents, medical professionals, and the general public.
7 Department of Health and Human Services; Supplemental Appropriation.
I. The sum necessary to fund the following positions is hereby appropriated to the department of health and human services for the biennium ending June 30, 2019:
(a) Sixteen child protective services workers, 4 of whom shall be supervisors.
(b) Four licensed alcohol and drug counselors.
(c) Two licensed nurses to support the foster care health program and to address the critical shortage of medical professionals with specialty knowledge to assess and respond to severe child abuse and neglect.
II. The appropriation in paragraph I shall be in addition to any other funds appropriated to the department for the biennium ending June 30, 2019. The governor is authorized to draw a warrant for such amount from any money in the treasury not otherwise appropriated.
8 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) Two members 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 first-named 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.
I. Sections 1-6 of this act shall take effect 60 days after its passage.
II. The remainder of this act shall take effect upon its passage.
18-2819
1/22/18
SB 592-FN-A- FISCAL NOTE
AS INTRODUCED
AN ACT relative to the child welfare system.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2019 | FY 2020 | FY 2021 | FY 2022 |
Appropriation | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ X ] Other - Federal TANF Funds | |||
METHODOLOGY:
This bill makes a variety of changes to the Department of Health and Human Services, as follows:
With respect to sections 6 and 7, the Department states that it has an existing foster care health program currently staffed by two foster care health nurses. Accordingly, the requirement to establish this program should not have a fiscal impact. The Department assumes, however, that the appropriation in section 7 for two foster care health nurses is in addition to the two nurses currently on staff. The Department further projects that, in addition to the 12 non-supervisory CPSW positions funded by section 7 of the bill, it will need a further 12 CPSW positions to serve as the trauma specialists required by section 16. The Department projects total position-related costs as follows:
Positions Funded by Appropriation in Section 7: |
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| FY19 | FY20 | FY21 | FY22 |
12 CPSWs | $756,000 | $792,000 | $828,000 | $876,000 |
4 supervisors | $312,000 | $328,000 | $344,000 | $360,000 |
4 LADACs | $332,000 | $348,000 | $368,000 | $384,000 |
2 Public Health Nurse Coordinators | $146,000 | $154,000 | $162,000 | $168,000 |
Total: | $1,546,000 | $1,622,000 | $1,702,000 | $1,788,000 |
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Funding Breakdown: |
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38% Federal Funds | $587,480 | $616,360 | $646,760 | $679,440 |
62% General Funds | $958,520 | $1,005,640 | $1,055,240 | $1,108,560 |
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Positions NOT Funded by Appropriation in Section 7: |
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| FY19 | FY20 | FY21 | FY22 |
12 Dedicated Trauma Specialists | $756,000 | $792,000 | $828,000 | $876,000 |
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Funding Breakdown: |
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38% Federal Funds | $287,280 | $300,960 | $314,640 | $332,880 |
62% General Funds | $468,720 | $491,040 | $513,360 | $543,120 |
AGENCIES CONTACTED:
Department of Health and Human Services