SB706 (2020) Detail

Relative to appeals under New Hampshire's Child Protection Act.


SB 706-FN - AS INTRODUCED

 

 

2020 SESSION

20-2832

05/01

 

SENATE BILL 706-FN

 

AN ACT relative to appeals under New Hampshire's Child Protection Act.

 

SPONSORS: Sen. Carson, Dist 14; Sen. Bradley, Dist 3

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

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  The bill also removes an outdated reference to the superior court in RSA 169-C:4.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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2832

05/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to appeals under New Hampshire's Child Protection Act.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Child Protection Act; Appeals.  Amend RSA 169-C:28, I to read as follows:

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.

2  Jurisdiction; Continued Jurisdiction, Modification; Obsolete Reference Removed.  Amend RSA 169-C:4, III to read as follows:

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].

3  Effective Date.  This act shall take effect July 1, 2020.

 

LBAO

20-2832

1/7/20

 

SB 706-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to appeals under New Hampshire's Child Protection Act.

 

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

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable

Indeterminable

Indeterminable

Funding Source:

  [ 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.

 

METHODOLOGY:

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.

 

AGENCIES CONTACTED:

Judicial Branch and Department of Health and Human Services

 

Links

SB706 at GenCourtMobile
SB706 Discussion

Action Dates

Date Body Type
Jan. 28, 2020 Senate Hearing
March 5, 2020 Senate Floor Vote

Bill Text Revisions

SB706 Revision: 8016 Date: Jan. 15, 2020, 8:31 a.m.

Docket

Date Status
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