Bill Text - SB592 (2018)

Relative to the child welfare system.


Revision: March 27, 2018, 10:24 a.m.

SB 592-FN-A - AS AMENDED BY THE SENATE

 

03/14/2018   0992s

03/22/2018   1153s

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

 

─────────────────────────────────────────────────────────────────

 

AMENDED ANALYSIS

 

This bill:

 

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

 

II.  Establishes a home visiting services initiative.

 

III.  Directs the department of health and human services to contract with a family resource center of quality specialist.

 

IV.  Expands certain child care services.

 

V.  Makes an appropriation to the department of health and human services for additional child protective services workers and licensed alcohol and drug counselors.

 

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

 

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

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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

2  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.  

3  TANF Funded Initiative; Family Resource Centers of Quality Specialist.  The department of health and human services shall use 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.

4  TANF Funded Initiative; Child Care Services.  The department of health and human services shall use 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.

5  Department of Health and Human Services; Supplemental Appropriation.  

I.  The sum of $445,160, for the biennium ending June 30, 2019, is hereby appropriated to the department of health and human services for the purpose of funding the following positions, as either state employee or contract positions within the department:

(a) Eight child protective services workers, who shall be designated resource workers.

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

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.

6  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.

7  Effective Date.  This act shall take effect upon its passage.

 

LBAO

18-2819

Amended 3/23/18

 

SB 592-FN-A- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2018-1153s)

 

AN ACT relative to the child welfare system.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2019

FY 2020

FY 2021

FY 2022

   Appropriation

$445,160

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$718,000

$726,000

$750,000

$782,000

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [ X ] Other - Federal Funds

 

METHODOLOGY:

This bill makes several changes to the Department of Health and Human Services, as follows:

 

  • Section 1 excludes the cost of voluntary services from the parental reimbursement requirements of RSA 169-C:27.  Since the number of individuals receiving voluntary services, the costs of services provided, and the amount of recovery (if any) are all indeterminate, the Department assumes that excluding the cost of voluntary services from parental reimbursement will result in a small but indeterminate increase in expenditures.

 

  • Sections 2, 3, and 4 authorize the use of allowable Temporary Assistance to Needy Families (TANF) funds to: expand home visiting services; contract with a family resource center or quality specialist; and expand child care services to eligible recipients.  The Department states that, while the cost to expend these services is indeterminable at the current time, these sections will result in an indeterminable increase in federal TANF fund expenditures.  The Department states that the intent of these sections is to allow for a one-time expenditure of TANF funds in FY19 rather than an ongoing obligation, however this intent is not expressed by the language of the bill.

 

  • Section 5 establishes and funds eight child protective service worker (CPSW) positions, as well as two licensed alcohol and drug counselors (LADC), and appropriates $445,160 to fund these positions for the FY18/19 biennium.  This amount is sufficient to fund the general fund share of the position costs in FY19, as shown below.

 

FY 19

FY 20

FY 21

FY 22

8 CPSWs, Labor Grade 18

$552,000

$560,000

$584,000

$616,000

2 LADCs

$166,000

$166,000

$166,000

$166,000

     Total:

$718,000

$726,000

$750,000

$782,000

 

 

 

 

 

Funding Breakdown:

 

 

 

 

     38% Federal Funds

$272,840

$275,880

$285,000

$297,160

     62% General Funds

$445,160

$450,120

$465,000

$484,840

 

AGENCIES CONTACTED:

Department of Health and Human Services