HB 1253 - AS INTRODUCED
2022 SESSION
22-2330
07/04
HOUSE BILL 1253
AN ACT relative to the choice of counselor to evaluate a child in family court proceedings.
SPONSORS: Rep. Gay, Rock. 8; Rep. Stapleton, Sull. 5; Rep. Bernardy, Rock. 16; Rep. Greeson, Graf. 16; Rep. Langley, Hills. 8; Rep. Nutter-Upham, Hills. 33; Rep. Kofalt, Hills. 4; Rep. Rung, Hills. 21; Rep. Weyler, Rock. 13; Rep. Cushman, Hills. 2
COMMITTEE: Children and Family Law
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ANALYSIS
This bill allows for parents to choose their counselor for counseling that is part of the parenting plan issued in a court order, as well as in any other counseling used in family court to evaluate a child. This bill also requires courts to select counselors that are participating providers in the parties' insurance networks.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22-2330
07/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
AN ACT relative to the choice of counselor to evaluate a child in family court proceedings.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Parental Rights and Responsibilities; Parenting Plans; Contents; Establishing Right to Choice of Counselor. Amend RSA 461-A:4, III to read as follows:
III. If the parenting plan directs the parties to participate in counseling, the parents shall have the right to choose the counselor.
III-a. If the parties are insured, do not choose a counselor, and the parenting plan directs the parties to participate in counseling, the court shall give due consideration to selecting a counselor who [accepts direct payment from] is a participating provider in the parties' health insurance carrier network.
2 New Section; Judicial Branch Family Division; Counseling. Amend RSA 490-D by inserting after section 490-D:15 the following new section:
490-D:16 Counseling. In the event that a court proceeding under this chapter requires a child to be evaluated by a mental health practitioner, the parents of the child shall have the right to choose the practitioner. If the parents do not choose a practitioner within one month of the issuance of the order requiring the evaluation, the court shall choose an appropriate practitioner, while also taking into account the parties' insurance coverage.
3 Effective Date. This act shall take effect January 1, 2023.
| Date | Body | Type |
|---|---|---|
| Jan. 18, 2022 | House | Hearing |
| Jan. 18, 2022 | House | Exec Session |
| House | Floor Vote |
March 11, 2022: Inexpedient to Legislate: MA VV 03/10/2022 HJ 5
Feb. 15, 2022: Committee Report: Inexpedient to Legislate (Vote 14-0; CC)
Feb. 15, 2022: Executive Session: 01/18/2022 03:00 pm LOB 206-208
Jan. 9, 2022: Public Hearing: 01/18/2022 03:00 pm LOB 206-208
Nov. 19, 2021: Introduced 01/05/2022 and referred to Children and Family Law