CHAPTER 57
SB 63 - FINAL VERSION
01/03/2018 2532s
02/01/2018 0260s
5Apr2018... 1166h
26Apr2018... 1649h
05/10/2018 1959EBA
2017 SESSION
17-0828
05/04
SENATE BILL 63
SPONSORS: Sen. Carson, Dist 14; Sen. Bradley, Dist 3; Sen. Fuller Clark, Dist 21; Rep. Weber, Ches. 1; Rep. Guthrie, Rock. 13; Rep. Berrien, Rock. 18
COMMITTEE: Health and Human Services
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I. Revises the record retention requirements for founded, unfounded, unfounded but with reasonable concern, and screened-out reports of abuse or neglect.
II. Establishes a pilot program regarding electronic storage of abuse and neglect records.
III. Establishes certain positions within the department of health and human services.
IV. 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 use a portion of the account to fund the new 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
01/03/2018 2532s
02/01/2018 0260s
5Apr2018... 1166h
26Apr2018... 1649h
05/10/2018 1959EBA 17-0828
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seventeen
Be it Enacted by the Senate and House of Representatives in General Court convened:
57:1 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.
57:2 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 RSA 169-C:35-a is repealed and reenacted to read as follows: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. The department shall delete or destroy all electronic and paper records of the reports when the most recent report expires.
III. The department shall indefinitely retain a founded report or a report that is unfounded but with reasonable concern.
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.
57:3 Child Protection Act; Records Management of Abuse and Neglect Reports; Pilot Program Established. There is hereby established a pilot program to assess the cost and feasibility of the statewide electronic storage of abuse and neglect records as required by RSA 169-C:35-a. Under the pilot program, the department of health and human services shall scan and store electronic copies of its records of screened-out, closed unfounded, and closed founded reports from a selected district office or offices. On or before November 1, 2018, the department shall provide a report to the house and senate committees with jurisdiction over health and human services and the house and senate finance committees containing its assessment of the pilot program and the projected costs and feasibility of expanding the program statewide.
57:4 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. Program assistant I, at labor grade 12
II. Program assistant I, at labor grade 12
57:5 Department of Health and Human Services; Part-Time Positions Established. Four part-time positions are hereby established in the department of health and human services for the purposes of this act.
57:6 New Subdivision; Excess Appropriation Allocation Account. Amend RSA 126-A by inserting after section 74 the following new subdivision:
Excess Appropriation Allocation Account
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 the general court 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 accounting unit 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.
57:7 Department of Health and Human Services; Funding Source for New Positions. For the biennium ending June 30, 2019, the department of health and human services may use up to $167,515 for the purpose of funding the positions established in sections 4 and 5 of this act. Of this amount, $103,859 shall be a charge against the account established in section 6 of this act, and $63,656 shall be federal funds. Fiscal committee approval shall not be required for the acceptance and expenditure of federal funds authorized under this section.
57:8 Repeal. RSA 126-A:75, relative to the excess appropriation allocation account, is repealed.
I. Section 5 of this act shall take effect January 1, 2019.
II. Section 8 of this act shall take effect July 1, 2019.
III. The remainder of this act shall take effect upon its passage.
Approved: May 23, 2018
Effective Date:
I. Section 5 shall take effect January 1, 2019
II. Section 8 shall take effect July 1, 2019
III. Remainder shall take effect May 23, 2018
| Date | Body | Type |
|---|---|---|
| Feb. 2, 2017 | Senate | Hearing |
| Feb. 9, 2017 | Senate | Floor Vote |
| March 16, 2017 | Senate | Floor Vote |
| Jan. 3, 2018 | Senate | Floor Vote |
| Feb. 1, 2018 | Senate | Floor Vote |
| March 20, 2018 | House | Hearing |
| March 27, 2018 | House | Exec Session |
| House | Floor Vote | |
| April 5, 2018 | House | Floor Vote |
| April 18, 2018 | House | Exec Session |
| April 26, 2018 | House | Floor Vote |
May 23, 2018: III. Remainder Effective 05/23/2018
July 1, 2019: II. Section 8 Effective 07/01/2019
Jan. 1, 2019: I. Section 5 Effective 01/01/2019
May 23, 2018: Signed by the Governor on 05/23/2018; Chapter 0057
May 10, 2018: Enrolled (In recess 05/10/2018); SJ 18
May 10, 2018: Enrolled 05/10/2018
May 10, 2018: Enrolled Bill Amendment # 2018-1959e Adopted, VV, (In recess of 05/10/2018); SJ 18
May 10, 2018: Enrolled Bill Amendment # 2018-1959e: AA VV 05/10/2018
May 2, 2018: Sen. Bradley Moved to Concur with the House Amendment, MA, VV; 05/02/2018; SJ 15
April 26, 2018: Ought to Pass with Amendment 1649h: MA VV 04/26/2018
April 26, 2018: Amendment # 2018-1649h: AA VV 04/26/2018
: Committee Report: Ought to Pass with Amendment # 2018-1649h (NT) (Vote 26-0; RC)
April 26, 2018: Committee Report: Ought to Pass with Amendment # 2018-1649h (NT) for 04/26/2018 (Vote 26-0; RC) HC 16 P. 11
April 18, 2018: Executive Session: 04/18/2018 01:00 PM LOB 210-211
April 11, 2018: Division III Work Session: 04/11/2018 09:00 AM LOB 210-211
April 5, 2018: Referred to Finance 04/05/2018 HJ 11 P. 2
April 5, 2018: Ought to Pass with Amendment 1166h: MA VV 04/05/2018 HJ 11 P. 2
April 5, 2018: Amendment # 2018-1166h: AA VV 04/05/2018 HJ 11 P. 2
April 5, 2018: Committee Report: Ought to Pass with Amendment # 2018-1166h for 04/05/2018 (Vote 11-1; CC) HC 13 P. 3
: Committee Report: Ought to Pass with Amendment # 2018-1166h (Vote 11-1; CC)
March 27, 2018: Executive Session: 03/27/2018 LOB 206
March 20, 2018: Public Hearing: 03/20/2018 10:00 AM LOB 206
March 7, 2018: Introduced 03/07/2018 and referred to Children and Family Law HJ 7 P. 50
Feb. 1, 2018: Ought to Pass with Amendment 2018-0260s, RC 23Y-0N, MA; OT3rdg; 02/01/2018; SJ 3
Feb. 1, 2018: Committee Amendment # 2018-0260s, RC 14Y-9N, AA; 02/01/2018; SJ 3
Feb. 1, 2018: Committee Report: Ought to Pass with Amendment # 2018-0260s, 02/01/2018; SC 5
Jan. 3, 2018: Ought to Pass with Amendment 2017-2532s, MA, VV; Refer to Finance Rule 4-5; 01/03/2018; SJ 1
Jan. 3, 2018: Committee Amendment # 2017-2532s, AA, VV; 01/03/2018; SJ 1
Jan. 3, 2018: Committee Report: Ought to Pass with Amendment # 2017-2532s, 01/03/2018; SC 48
March 16, 2017: Without Objection, SB 63 is vacated from Finance and referred to Health and Human Services; 03/16/2017; SJ 9
March 16, 2017: Sen. Giuda Moved to Rerefer, MA, VV; 03/16/2017; SJ 9
March 16, 2017: Committee Report: Inexpedient to Legislate, 03/16/2017; SC 14
Feb. 9, 2017: Ought to Pass: MA, VV; Refer to Finance Rule 4-5; 02/09/2017; SJ 5
Feb. 9, 2017: Committee Report: Ought to Pass, 02/09/2017; SC 9
Feb. 2, 2017: Hearing: 02/02/2017, Room 101, LOB, 09:15 am; SC 8
Jan. 5, 2017: Introduced 01/05/2017 and Referred to Health and Human Services; SJ 4