Revision: March 13, 2024, 12:35 p.m.
Senate Judiciary
March 13, 2024
2024-1111s
08/05
Amendment to SB 417-FN
Amend RSA 169-C:19-h, II as inserted by section 4 of the bill by replacing it with the following:
II. Only if placements described under paragraph I are not appropriate for the child due to an inability to maintain safety in the community, may alternative placements be considered, such as group or residential care as defined in RSA 170-E:25 and certified by the department for the care of children placed pursuant to 169-C, or in any state-operated treatment program, that meet the specific needs of that child, and that are not available in that child's community of origin; and
(a) If the child is placed in a group or residential facility, such placement shall be for a limited time and with frequent review, pursuant to RSA 169-F:8, with the goal to return the child home or to a family setting in the community of origin as quickly as possible; and
(b) The court determines that the needs of the child cannot be met by kin, fictive kin, or in a foster family home. Neither the shortage or lack of foster family homes nor the lack of community-based resources shall be acceptable reasons for determining that the needs of the child cannot be met in a family setting.
Amend RSA 169-F:6, II as inserted by section 6 of the bill by replacing it with the following:
II. Only if placements described under paragraph I are not appropriate for the child due to an inability to maintain safety in the community, may alternative placements be considered, such as group or residential care as defined in RSA 170-E:25 or certified by the department for the care of children placed pursuant to 169-C, or in any state-operated treatment program, that meet the specific needs of that child, and that are not available in that child's community of origin; and
(a) If the child is placed in a group or residential facility, such placement shall be for a limited time and with frequent review, pursuant to RSA 169-F:8 with the goal to return the child home or to a family setting in the community of origin as quickly as possible.
(b) The court determines that the needs of the child cannot be met by kin, fictive kin, or in a foster family home. Neither the shortage or lack of foster family homes nor the lack of community-based resources shall be acceptable reasons for determining that the needs of the child cannot be met in a family setting.
Amend RSA 169-F as inserted by section 6 of the bill by inserting after 169-F:6 the following new sections:
169-F:7 Oversight of Children in Care; Department Responsibilities.
I. Any child in a court-ordered placement pursuant to RSA 169-B, RSA 169-C or RSA 169-D shall be seen in-person on at least a monthly basis, by the case worker assigned to that child’s case. In the event the assigned case worker is not available, another case worker or supervisor familiar with the child and/or case may perform the visit. The visit to the child shall include a private meeting with the child, in a safe place, as well as an in-person tour of the child’s living quarters. The monthly contact shall also include contact with the child’s placement provider, therapeutic providers, and educational providers, preferably in real-time, but at least by written correspondence. For any child placed in a residential placement by the department, these visits shall include a tour of the facility where the child may have access to; check-in with appropriate leadership and therapeutic providers with knowledge of the child’s case about program culture and therapeutic programming, and the child’s individual progress, strengths and challenges in the program; a check-in with a member of program direct care staff, and a private interview with the child to inquire about care received.
II. The department shall develop, in consultation with the office of child advocate, a standard operating procedure and form for monthly visits conducted by the department, pursuant to RSA 169-F:7, I to be completed during each monthly in-person visit.
169-F:8 Court Oversight of Children in Residential Treatment Programs.
I. Prior to placing a child in residential treatment programs or psychiatric residential treatment programs, the court shall:
(a) Consider all assessments and plans for the child, including assessment of whether a residential treatment program is the most effective and appropriate level of care, in the least restrictive environment for the child, and any child-specific, short- and long-term goals for the child and the family. The assessment shall specify, in writing:
(1) Whether the child’s needs can be met in a kin, fictive kin, or foster family home, not dependent upon availability of community resources.
(2) If the assessment recommends a residential treatment program:
(A) The specific reasons why the child’s needs cannot be met in a kin, fictive kin, or foster family home, not dependent upon availability of community resources; and
(B) Why recommended placement in a residential treatment program is the setting that will provide the child with the most effective and appropriate level of care, in the least restrictive environment.
(3) How the placement is consistent with the short- and long-term goals for the child, as specified in the case plan or permanency plan for the child.
(b) Confirm that the school district has complied with its legal obligations to assess the educational impact of the placement, and consider the school district’s input on that impact.
(c) Determine that the needs of the child cannot be met through placement with a parent, legal guardian, legal custodian, kin or fictive kin caregiver, or in a foster family home; and that placement of the child in a residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment; and that placement is consistent with the short- and long-term goals, including mental, behavioral, and physical health goals, for the child as specified in the permanency plan for the child, or as outlined in the family services plan. A shortage or lack of foster family homes shall not be an acceptable reason for determining that the needs of the child cannot be met in a foster family home.
(d) Review information relating to the facility, including staff-to-child ratio; staff training; program culture; therapeutic, clinical and milieu programming; educational programming; recreational programming; and, family connections, in order to ensure that the program is the most effective and appropriate level of care, in the least restrictive environment for the child, and meets the child-specific short- and long-term goals for the child and the family.
(e) Approve or disapprove of the placement, in a written order, containing all of the necessary findings laid out in this section.
II. Prior to determining that a residential treatment program is the most effective and appropriate level of care, in the least restrictive environment for the child, the court shall consider any available assessments and plans, giving the greatest weight to assessments completed by a licensed psychologist or licensed neuropsychologist with specialized training in the evidence-based treatment of childhood trauma. If the court deviates from such recommendation, the court shall make specific findings of fact regarding the most effective and appropriate level of care, in the least restrictive environment for the child, and that the placement is consistent with child-specific short and long-term goals for the child and the family. When making such findings of fact, the court shall consider all relevant information, including but not limited to:
(a) Whether the protocol for the residential treatment program assessment was followed;
(b) Whether the school district is meeting the child’s educational needs, based on their statutory requirements under RSA 169-B:22, RSA 169-D:18, and RSA 169-C:20;
(c) The strengths and specific treatment or service needs of the child and the family;
(d) The expected length of stay; and
(e) The placement preference of the child and the family.
III. When a child is placed in a residential treatment program or psychiatric residential treatment program:
(a) The department shall notify the court promptly of such placement.
(b) The court shall review the placement of that child within 60 days after placement, and every 60 days thereafter; or
(c) If the child or the child's representative does not support the residential treatment program level of care or the child, guardian ad litem, or any party objects to the placement, the court shall review the placement within 30 days, and every 30 days thereafter.
IV. As long as a child remains in a residential treatment program, the department shall submit evidence to the court and all parties, at least 5 days prior to every regular review hearing:
(a) Demonstrating that:
(1) Ongoing assessment of the strengths and needs of the child continues to support the determination that the needs of the child cannot be met through placement with a parent, legal guardian, legal custodian, kin or fictive kin, caregiver, or in a foster family home;
(2) Any recommended psychological or clinical evaluations or assessments have been completed, and if not, the status of those evaluations or assessments;
(3) The department has worked with the school district to assure, consistent with the best interest of the child, the child’s educational stability;
(4) That the placement in a residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment; and,
(5) That the placement is consistent with the short- and long-term goals for the child as specified in the permanency plan for the child, or as outlined in the family services plan.
(b) Documenting that:
(1) The specific treatment or service needs that will be met for the child in the placement;
(2) The length of time the child is expected to need treatment or services, and the treatment basis for the determination of that length of time; and
(3) The specific efforts made by the division to prepare the child and prospective placement for the child’s return home or to be placed with a fit and willing kin or fictive kin caregiver, a legal guardian, legal custodian, or an adoptive parent, or in a foster family.