Revision: April 9, 2024, 10:53 a.m.
Senate Finance
April 3, 2024
2024-1421s
05/02
Amendment to SB 417-FN
Amend RSA 169-C:19-e, I-a(g) as inserted by section 3 of the bill by replacing it with the following:
(g) The results of the department’s evidence-based safety assessment of that parent, their home, and any other adults in the home. A parent’s failure to cooperate with the department's assessment, or to provide any records necessary to such a determination, shall be weighed as a factor in the fitness of that parent.
Amend RSA 169-F:7 and 169-F:8 as inserted by section 6 of the bill by replacing them with the following:
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 their assigned case worker. 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 determined by the case worker and child, to inquire about care received, 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. In addition, 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; a check-in with appropriate leadership about program culture and therapeutic programming; a check-in with program direct care staff about the child’s progress in the program; and a check-in with the clinical director and/or the child’s therapeutic provider about the program culture, therapeutic programming, and the child’s individual progress, strengths, and challenges in the program, which may occur outside of the in-person visit in virtual real-time if circumstances require.
II. The department shall develop, in consultation with the office of child advocate, a standard operating procedure and form for monthly visits with children conducted by the department, pursuant to RSA 169-F:5, I, to be completed during each monthly in-person visit.
169-F:8 Court Oversight of Children in Residential Programs.
I. Except in cases of emergency placement, prior to placing a child in residential treatment programs or psychiatric residential treatment programs, except in emergency situations, 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 primarily 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 primarily 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 primary reason for determining that the needs of the child cannot be met in a foster family home.
(d) Review information relating to the facility, which may include 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. In the case of an emergency necessitating immediate placement of a child in a residential treatment program, the department shall notify the court within 2 business days of such placement, in order for the court to make the required findings of paragraph I.
III. 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 the most recent assessment and 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.
IV. 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)(1) The court shall review the placement of that child within 60 days after placement, and at every subsequent court review hearing; or
(2) Upon a motion by the child, the child's representative, or the child’s guardian ad litem establishing reason to believe the ordered residential treatment program is not the most effective and appropriate level of care for the child in the least restrictive environment, the court shall review the placement within 30 days, and at every subsequent court review hearing.
(c) The court may review the placement at any time sua sponte or in response to a motion for review by any party.
V. 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 business 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) 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) 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.
Amend the bill by replacing all after section 6 with the following:
7 Department of Health and Human Services; Classified Positions Established; Appropriation.
I. The following classified positions are established in the department of health and human services to support the placement of youth in residential facilities:
(a) Eight child protective service worker IV positions (labor grade 24, step 5).
(b) Two juvenile probation and parole officer IV positions (labor grade 24, step 5).
II. The sum of $870,000 for the biennium ending June 30, 2025, is hereby appropriated to the department of health and human services for the purpose of funding the positions established in paragraph I. In addition to the appropriation and notwithstanding RSA 14:30-a, the department may accept and expend matching federal funds without prior approval of the fiscal committee of the general court. The governor is authorized to draw a warrant for the general fund portion of said sum out of any money in the treasury not otherwise appropriated.
8 Department of Health and Human Services; Classified Attorney Positions Established; Appropriation.
I. The following classified positions are established in the department of health and human services to support placement of youth in residential facilities: 2 attorney III positions (labor grade 30, step 5).
II. The sum of $210,000 for the biennium ending June 30, 2025, is hereby appropriated to the department of health and human services for the purpose of funding the positions established in paragraph I. In addition to the appropriation and notwithstanding RSA 14:30-a, the department may accept and expend matching federal funds without prior approval of the fiscal committee of the general court. The governor is authorized to draw a warrant for the general fund portion of said sum out of any money in the treasury not otherwise appropriated.
9 Department of Health and Human Services; Appropriation; Youth Visit Travel Costs. The sum of $154,440 for the fiscal year ending June 30, 2025, is hereby appropriated to the department of health and human services for the purpose of paying for travel costs for youth visits in order to support implementing the provisions of this act. This appropriation shall be nonlapsing. The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated.
10 Judicial Branch; Appropriation. The sum of $376,145 for the fiscal year ending June 30, 2025, is hereby appropriated to the judicial branch for the purpose of funding new positions required to carry out the duties set out in this act. In addition to the appropriation and notwithstanding RSA 14:30-a, the judicial branch may accept and expend matching federal funds without prior approval of the fiscal committee of the general court. The governor is authorized to draw a warrant for the general fund portion of said sum out of any money in the treasury not otherwise appropriated.
11 Reallocation of Monies Saved. Any monies saved by the department of health and human services, including the division for children, youth and families and the bureau of children’s behavioral health, in preventing the out-of-home placement of children pursuant to this act shall be used by the department to provide services pursuant to RSA 135-F, the system of care for children’s mental health, and any other community-based intervention services.
I. Sections 7-11 of this act shall take effect July 1, 2024.
II. The remainder of this act shall take effect January 1, 2025.
2024-1421s
AMENDED ANALYSIS
This bill revises criteria for out-of-home placement of children under the child protection act and other juvenile statutes and establishes an order of preference based on placement with the child's siblings, when possible, and proximity to the child's community of origin. The bill also makes appropriations to the department of health and human services and the judicial branch to support implementation of the act.