HB 633-FN - AS INTRODUCED
2019 SESSION
19-0729
05/01
HOUSE BILL 633-FN
SPONSORS: Rep. Gordon, Graf. 9
COMMITTEE: Children and Family Law
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ANALYSIS
This bill provides that a termination of parental rights case that originates as an abuse and neglect proceeding shall not require additional service of process on the parent.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
19-0729
05/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Child Protection Act; Issuance of Summons and Notice. Amend RSA 169-C:8 by inserting after paragraph IV the following new paragraph:
V. Pursuant to RSA 170-C:7, III, if a parent is served notice of the proceeding pursuant to the requirements of this section, no further personal service shall be required if termination proceedings are subsequently initiated under RSA 170-C.
2 Termination of Parental Rights; Notice and Service of Process. Amend RSA 170-C:7 to read as follows:
170-C:7 Notice.
I. After a petition has been filed, the court shall set the time and place for a hearing and shall give notice thereof to the petitioner who shall cause notice to be given to the parents of the child, the guardian of the person of the child, the person having legal custody of the child, any individual standing in loco parentis to the child, and the guardian ad litem of any party.
II. Where the child's parent is a minor, notice shall also be given to said minor's parents or guardian of the person unless the court is satisfied, in the exercise of its discretion, that such notice is not in the best interest of said minor and that it would serve no useful purpose.
III. Notice shall be given by personal service to the parent whose parental rights may be terminated pursuant to the petition that has been filed. Where it shall appear impractical to personally serve said parent, the court shall order service by certified mail to the parent's last known address or publication once a week for 2 successive weeks in a newspaper of general circulation in the area where that person was last domiciled or both. If a proceeding under this chapter arises from a proceeding under RSA 169-C, and the parent was served pursuant to the requirements of RSA 169-C:8, no further personal service shall be required under this chapter.
IV. All other parties shall be given notice by regular mail at their last known address.
V. The hearing shall take place no sooner than 20 days after service of notice, except that if notice is by publication the hearing shall take place no sooner than 7 days after the last date of publication.
3 Effective Date. This act shall take effect January 1, 2020.
19-0729
1/9/19
HB 633-FN- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None
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STATE: | FY 2020 | FY 2021 | FY 2022 | FY 2023 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Decrease | Indeterminable Decrease | Indeterminable Decrease | Indeterminable Decrease |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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COUNTY: |
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Revenue | Indeterminable Decrease | Indeterminable Decrease | Indeterminable Decrease | Indeterminable Decrease |
Expenditures | $0 | $0 | $0 | $0 |
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METHODOLOGY:
This bill provides that a termination of parental rights (TPR) case that originates as an abuse and neglect proceeding shall not require additional service of process on the parent.
The Department of Health and Human Services (DHHS) assumes the bill would result in a reduction of expenses in TPR cases resulting from abuse or neglect. The DHHS, Division for Children, Youth and Families (DCYF) uses the county sheriffs to provide service. The cost of service per parent can vary depending on the county, whether the service is successful, the number of attempts and the distance traveled. For a six month period in FY 2018, the average cost of personal service was approximately $60 for DCYF cases. In FY 2018 there were 303 TPR petitions regarding 178 children from 128 cases. The Division cannot determine the number of times personal service was required since in some cases there are multiple children, in some cases there are multiple parents, or a combination of both. In addition, the bill would decrease revenue to the counties that provide the personal service in TPR cases.
The Judicial Branch indicates the proposed bill would have no fiscal impact on the Branch.
AGENCIES CONTACTED:
Department of Health and Human Services and Judicial Branch
| Date | Body | Type |
|---|---|---|
| Feb. 12, 2019 | House | Hearing |
| Feb. 19, 2019 | House | Exec Session |
| House | Floor Vote | |
| Feb. 27, 2019 | House | Floor Vote |
Feb. 27, 2019: Inexpedient to Legislate: MA VV 02/27/2019 HJ 6 P. 2
: Committee Report: Inexpedient to Legislate (Vote 18-0; CC)
Feb. 27, 2019: Committee Report: Inexpedient to Legislate for 02/27/2019 (Vote 18-0; CC) HC 13 P. 2
Feb. 19, 2019: Executive Session: 02/19/2019 01:00 pm LOB 206
Feb. 12, 2019: Public Hearing: 02/12/2019 10:45 am LOB 206
Jan. 3, 2019: Introduced 01/03/2019 and referred to Children and Family Law HJ 3 P. 23