Revision: Jan. 30, 2024, 1:26 p.m.
SB 498-FN - AS INTRODUCED
2024 SESSION
24-2892
05/10
SENATE BILL 498-FN
AN ACT relative to the department of health and human services, division for children, youth and families.
SPONSORS: Sen. Bradley, Dist 3
COMMITTEE: Health and Human Services
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ANALYSIS
This bill provides that under RSA 169-B, relative to delinquent children, and RSA 169-D, relative to children in need of services, a child may be placed with fictive kin or a child care institution, psychiatric residential treatment program, or other program certified by 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2892
05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to the department of health and human services, division for children, youth and families.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Delinquent Children; Definitions. Amend RSA 169-B:2, XI to read as follows:
XI. "Out-of-home placement" means when a minor, as the result of a delinquent petition, is removed from a biological parent, adoptive parent, or legal guardian of the minor and placed in substitute care with someone other than a biological parent, adoptive parent, or legal guardian. Such substitute care may include placement with a custodian, guardian, relative, fictive kin, friend, group home, crisis home, shelter care, [or a] foster home as defined in RSA 169-C:3, XIII, or a child care institution, psychiatric residential treatment, or a program otherwise certified by the commissioner of the department of health and human services or his or her designee.
2 Delinquent Children; Release Prior to Arraignment. Amend RSA 169-B:11, II to read as follows:
II. If such a person is not available, the court may release the minor under the supervision of a relative or friend; or may release the minor to the custody of the department of health and human services for placement with fictive kin, or in a foster home, as defined in RSA 169-C:3, XIII, a crisis home, a shelter care facility, a group home, a child care institution, psychiatric residential treatment program, or a program otherwise certified by the commissioner of the department of health and human services or his or her designee, or an alcohol crisis center certified to accept juveniles; or
3 Delinquent Children; Release or Detention Pending Adjudicatory Hearing. Amend RSA 169-B:14, I(c) to read as follows:
(c) Released to the custody of the department of health and human services for placement with fictive kin, or in a foster home, as defined in RSA 169-C:3, XIII, a group home, a crisis home, [or] a shelter care facility, or a child care institution, psychiatric residential treatment program, or a program otherwise certified by the commissioner of the department of health and human services or his or her designee; or
4 Delinquent Children; Dispositional Hearing. Amend RSA 169-B:19, I(f) to read as follows:
(f) Release the minor to the custody of the department of health and human services for placement with fictive kin, or in a foster home, as defined in RSA 169-C:3, XIII, a group home, a crisis home, [or] a shelter care facility, or a child care institution, psychiatric residential treatment program, or a program otherwise certified by the commissioner of the department of health and human services or his or her designee.
5 Delinquent Children; Inspection of Facilities; Lock-up Log. Amend RSA 169-B:15-a to read as follows:
169-B:15-a Inspection of Facilities; Lock-up Log. Each facility used by law enforcement, county sheriffs, or state police to securely detain minors shall establish a lock-up log for all minors securely detained. The log shall contain the identification number, the charge, the date and time locked in secure detention, the date and time released from secure detention, to whom released, and reason for secure detention. The log shall be kept confidential both by the agency or facility which maintains it and by the department of health and human services, which shall receive copies of the log[, January 1 and July 1 of each year, beginning January 1, 1989] October 1 and April 1 of each year, beginning October 1, 2024. To ensure that the requirements of this chapter and of 42 U.S.C. section 5633 are met, any secure or non-secure facility which detains minors shall provide, upon request and in a timely manner, access to the facility for inspection purposes to the department of health and human services jail compliance monitor, or the monitor's designee. If the facility is required under this section to maintain a log, access to the log shall also be provided.
6 Child In Need of Services; Definitions. Amend RSA 169-D:2, XI to read as follows:
XI. "Out-of-home placement" means when a minor, as the result of a delinquent petition, is removed from a biological parent, adoptive parent, or legal guardian of the minor and placed in substitute care with someone other than a biological parent, adoptive parent, or legal guardian. Such substitute care may include placement with a custodian, guardian, relative, friend, fictive kin, group home, crisis home, shelter care, [or a] foster home, as defined in RSA 169-C:3, XIII, or a child care institution, psychiatric residential treatment program, or a program otherwise certified by the commissioner of the department of health and human services or his or her designee.
7 Child In Need of Services; Release Prior to Initial Appearance. Amend RSA 169-D:10, II(c) to read as follows:
(c) Where there are reasonable grounds to believe that the child is a runaway under RSA 169-D:2, II(b) or that the child is a child in need of services under RSA 169-D:2, II(d), the custody of department of health and human services for placement with fictive kin or in a foster home, as defined in RSA 169-C:3, XIII, a group home, a crisis home, [or] a shelter care facility, or a child care institution, psychiatric residential treatment program, or a program otherwise certified by the commissioner of the department of health and human services or his or her designee, with expenses chargeable as provided in RSA 169-D:29; or
8 Child In Need of Services; Release Pending Adjudicatory Hearing. Amend RSA 169-D:13, I(c) to read as follows:
(c) Where the petition alleges that the child is a habitual runaway under RSA 169-D:2, II(b) or that the child is a child in need of services under RSA 169-D:2, II(d), released to the custody of the department of health and human services for placement with fictive kin or in a foster home, as defined in RSA 169-C:3, XIII, a group home, a crisis home, [or] a shelter care facility, or a child care institution, psychiatric residential treatment program, or a program otherwise certified by the commissioner of the department of health and human services or his or her designee, with expenses chargeable as provided in RSA 169-D:29.
9 Child In Need of Services; Dispositional Hearing. Amend RSA 169-D:17, I(b)(2)(A) to read as follows:
(2)(A) Where the petition alleges that the child is a habitual runaway under RSA 169-D:2, II(b) or that the child is a child in need of services under RSA 169-D:2, II(d), releasing the child to the custody of the department of health and human services for placement with fictive kin, or in a foster home, as defined in RSA 169-C:3, XIII, a group home, a crisis home, [or] a shelter care facility, or a child care institution, psychiatric residential treatment program, or a program otherwise certified by the commissioner of the department of health and human services or his or her designee.
10 Repeals; Prospective Repeal of the Rebuttable Presumption of Harm under the Child Protection Act. The following are repealed:
I. 2020, 26:56, relative to the repeal of the rebuttable presumption of harm under the child protection act.
II. 2020, 26:57, V, relative to the effective date for the repeal of the rebuttable presumption of harm under the child protection act.
I. Section 10 of this act shall take effect June 30, 2024.
II. The remainder of this act shall take effect upon its passage.
24-2892
Revised 1/30/24
SB 498-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to the department of health and human services, division for children, youth and families.
FISCAL IMPACT: [ ] State [ ] County [ ] Local [ X ] None
METHODOLOGY:
The Department of Health and Human Services states this bill, as introduced, will have no fiscal impact.
AGENCIES CONTACTED:
Department of Health and Human Services