SB 706-FN - AS INTRODUCED
SENATE BILL 706-FN
SPONSORS: Sen. Carson, Dist 14; Sen. Bradley, Dist 3
This bill provides that appeals of decisions under the Child Protection Act shall be to the supreme court. Appeals are currently made to the superior court. The bill also removes an outdated reference to the superior court in RSA 169-C:4.
The bill is a request of the department of health and human services.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
Be it Enacted by the Senate and House of Representatives in General Court convened:
I. An appeal under this chapter may be taken to the [superior court] supreme court by the child or the child's authorized representative or any party having an interest, including the state, or any person subject to any administrative decision pursuant to this chapter, within 30 days of the final dispositional order; but an appeal shall not suspend the order or decision of the court unless the court so orders. [The superior court shall hear the matter de novo, and shall give an appeal under this chapter priority on the court calendar.] For purposes of this chapter, a "final dispositional order" includes a dismissal of a petition for abuse and neglect by the district court. "Final dispositional order" shall also include any ruling or order arising from an administrative hearing held or initiated by any administrative agency, including the department, in which a finding of child abuse or neglect is made.
III. When a custody award has been made pursuant to this chapter, said order shall not be modified or changed nor shall another order affecting the status of the child be issued [by the superior court except on appeal under RSA 169-C:28].
SB 706-FN- FISCAL NOTE
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
Estimated Increase / (Decrease)
[ X ] General [ ] Education [ ] Highway [ ] Other
The Judicial Branch was contacted for a fiscal note worksheet on November 15, 2019, which they have not provided as of January 7, 2020.
This bill eliminates the mid-level appeal process in cases of abuse and neglect of children under RSA 169-C, creating instead a direct appeal to the New Hampshire Supreme Court when there has been a finding of abuse or neglect in the circuit court. The Department of Health and Human Services assumes that by decreasing the overall length of time certain cases will remain open, the bill may result in a slight decrease in caseworker caseload.
Judicial Branch and Department of Health and Human Services
|Jan. 28, 2020||Senate||Hearing|
|March 5, 2020||Senate||Floor Vote|
|Jan. 8, 2020||Introduced 01/08/2020 and Referred to Judiciary; SJ 2|
|Jan. 28, 2020||Hearing: 01/28/2020, Room 100, SH, 09:00 am; SC 4|
|March 5, 2020||Committee Report: Ought to Pass, 03/05/2020; SC 9|
|March 5, 2020||Ought to Pass: MA, VV; OT3rdg; 03/05/2020; SJ 5|