HB 1588-FN - AS AMENDED BY THE HOUSE
11Apr2024... 1391h
2024 SESSION
24-2263
02/05
HOUSE BILL 1588-FN
AN ACT relative to court jurisdiction over persons receiving special education.
SPONSORS: Rep. Long, Hills. 23
COMMITTEE: Children and Family Law
─────────────────────────────────────────────────────────────────
ANALYSIS
This bill updates statutes relating to court jurisdiction of children in need of services to reflect that special education is offered to students up to the age of 22 years if the student has not yet exited special education based on receipt of a high school diploma.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11Apr2024... 1391h 24-2263
02/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to court jurisdiction over persons receiving special education.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Jurisdiction Over Certain Persons. Amend RSA 169-B:4, II(c) to read as follows:
(c) Who is attending school for the purpose of obtaining a high school diploma or general equivalency diploma and is considered likely to receive such diploma, or who is receiving special education under RSA 186-C.
2 Jurisdiction Over Certain Persons. Amend RSA 169-B:4, IV(c)-(d) to read as follows:
(c) The minor graduates from high school or receives a general equivalency diploma, or is still receiving special education under RSA 186-C despite receiving a general equivalency diploma;
(d) The minor attains 21 years of age, unless the minor is still receiving special education under RSA 186-C, in which case the court may extend jurisdiction until the minor attains 22 years of age or exits special education, whichever occurs first; or
3 Jurisdiction, Continued Jurisdiction; Modification. Amend RSA 169-C:4, II to read as follows:
II. The court may, with the consent of the child, retain jurisdiction over any child, who, prior to his or her eighteenth birthday, was found to be neglected or abused and who is attending school until such child completes high school or until his or her twenty-first birthday, whichever occurs first, unless the minor is still receiving special education under RSA 186-C, in which case the court may extend jurisdiction until the minor attains 22 years of age or exits special education, whichever occurs first; and the court is authorized to and shall make such orders relative to the support and maintenance of said child during the period after the child's eighteenth birthday as justice may require.
4 Children in Need of Services; Jurisdiction. Amend RSA 169-D:3, II-III to read as follows:
II. The court may, with the consent of the child, retain jurisdiction over any child who, prior to his eighteenth birthday, was found to be a child in need of services, and who is attending school for the purpose of obtaining a high school diploma or general equivalency diploma, or who is receiving special education under RSA 186-C. The court shall make orders relative to the support and maintenance of the child during the period after the child's eighteenth birthday as justice may require.
III. The court shall close the case when the child reaches age 18, or if jurisdiction is retained, when the child ceases to be enrolled as a full-time student during sessions of the school, or graduates from such school, or upon reaching the age of 21, whichever shall first occur, unless the minor is still receiving special education under RSA 186-C, in which case the court may extend jurisdiction until the minor attains 22 years of age or exits special education, whichever occurs first.
5 Appropriation; Department of Health and Human Services. The sum of $3,000,000 is hereby appropriated to the department of health and human services for the biennium ending June 30, 2025, for the purposes of this act. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
6 Effective Date. This act shall take effect 60 days after its passage.
24-2263
Amended 4/23/24
HB 1588-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2024-1391h)
AN ACT relative to court jurisdiction over persons receiving special education.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
|
| |||||
Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund(s) | None | |||||
Expenditures | $0 | $1,657,000 - $5,764,000 | $1,623,000 - $5,778,000 | $1,701,000 - $6,063,000 | ||
Funding Source(s) | General Fund | |||||
Appropriations | $3,000,000 | $0 | $0 | |||
Funding Source(s) | None | |||||
• Does this bill provide sufficient funding to cover estimated expenditures? [X] See Below • Does this bill authorize new positions to implement this bill? [X] No | ||||||
METHODOLOGY:
This bill amends various child protection and juvenile justice statutes to extend jurisdiction up to age 22, if the student is still receiving special education services. The bill adds responsibilities to the Department of Health and Human Services, which the Department states cannot be absorbed within available resources. In particular, the Department assumes additional Child Protective Service Worker and Juvenile Probation and Parole Officer positions will be required as a result of the proposed legislation to provide case management to an increased number of children/youth whose cases extend to age 22. The Department further assumes contracts with residential treatment providers will need to be amended to expand the scope of services and price limitations to account for the added provision of services through age 22. Finally, the Department assumes changes to the Bridges electronic case management system will need to be made to allow for data collection of youth/young adults receiving services until age 22 and the new price limitations of residential treatment providers to allow for new billing. Additional updates may also be needed to the Department’s New Heights system.
The Department provides the following range of potential cost increases as a result of the bill. These ranges are based on the following assumptions: the Department will serve approximately 32 additional young adults annually receiving Child Protection (CPS) and Juvenile Justice (JJS) Services (21 CPS and 11 JJS). Of those, 10 are predicted to receive residential treatment or utilize placement (eight in residential and two in other placement settings (Foster Care/Kinship) and 22 will receive additional community based services. As a result of the increased workloads, the Department will require two additional Child Protective Service Worker positions and one additional Juvenile Probation and Parole Officer.
| Lowest Paid Placement/Services | Highest Paid Placement/Services | ||||
Service Type | FY 25 | FY 26 | FY27 | FY 25 | FY 26 | FY 27 |
Residential* | $915,011 | $960,762 | $1,008,800 | $4,073,896 | $4,277,591 | $4,491,471 |
Foster Care* | 33,171 | 34,830 | 36,571 | 22,309 | 23,424 | 24,595 |
Community Based Services | 315,418 | 331,189 | 347,749 | 1,124,200 | 1,180,410 | 1,239431 |
System Changes (Bridges, New Heights) | 100,000 | 0 | 0 | 250,000 | 0 | 0 |
Position Costs | 294,000 | 297,000 | 308,000 | 294,000 | 297,000 | 308,000 |
Total Estimated Costs | $1,657,601 | $1,623,781 | $1,701,120 | $5,764,405 | $5,778,425 | $6,063,497 |
*Note: Includes anticipated 5% rate increase in FY 26, FY 27 | ||||||
The Department anticipates the above costs will be 100 percent generally-funded.
The bill contains a $3 million general fund appropriation for the FY24/25 biennium. It is assumed the appropriation will not expended until after FY 2024 based on the Department's estimated fiscal impact.
AGENCIES CONTACTED:
Department of Health and Human Services
| Date | Amendment |
|---|---|
| April 3, 2024 | 2024-1391h |
| Date | Body | Type |
|---|---|---|
| Jan. 9, 2024 | House | Hearing |
| Jan. 9, 2024 | House | Exec Session |
| Jan. 9, 2024 | House | Floor Vote |
| April 2, 2024 | House | Exec Session |
| April 3, 2024 | House | Floor Vote |
| April 23, 2024 | Senate | Hearing |
April 18, 2024: Hearing: 04/23/2024, Room 100, SH, 01:45 pm; SC 16
April 16, 2024: Introduced 04/11/2024 and Referred to Judiciary; SJ 10
April 11, 2024: Ought to Pass with Amendment 2024-1391h: MA VV 04/11/2024 HJ 11
April 11, 2024: Amendment # 2024-1391h: AA VV 04/11/2024 HJ 11
April 3, 2024: Committee Report: Ought to Pass with Amendment # 2024-1391h 04/03/2024 (Vote 25-0; RC) HC 14 P. 13
March 27, 2024: Executive Session: 04/02/2024 11:30 am LOB 210-211
March 12, 2024: Division Work Session: 03/22/2024 12:00 pm LOB 210-211
March 12, 2024: Division Work Session: 03/18/2024 02:00 pm LOB 210-211
March 7, 2024: Division Work Session: 03/11/2024 01:00 pm LOB 210-211
Feb. 28, 2024: Division Work Session: 03/06/2024 01:00 pm LOB 210-211
Feb. 1, 2024: Referred to Finance 02/01/2024 HJ 3 P. 13
Feb. 1, 2024: Ought to Pass: MA VV 02/01/2024 HJ 3 P. 12
Jan. 16, 2024: Committee Report: Ought to Pass 01/09/2024 (Vote 12-0; RC) HC 4 P. 12
Jan. 16, 2024: Executive Session: 01/09/2024 02:30 pm 206-208
Jan. 5, 2024: Public Hearing: 01/09/2024 11:00 am LOB 206-208
Dec. 15, 2023: Introduced 01/03/2024 and referred to Children and Family Law HJ 1