CHAPTER 308
SB 572 - FINAL VERSION
11Apr2024... 1397h
2024 SESSION
24-3111
05/08
SENATE BILL 572
SPONSORS: Sen. Ward, Dist 8; Sen. Whitley, Dist 15; Sen. Carson, Dist 14; Rep. M. Pearson, Rock. 34
COMMITTEE: Judiciary
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AMENDED ANALYSIS
This bill establishes a legislative committee to study the sharing of confidential records among members of a multidisciplinary child protection team.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11Apr2024... 1397h 24-3111
05/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
Be it Enacted by the Senate and House of Representatives in General Court convened:
308:1 Statement of Findings and Purpose. The general court finds that:
I. In order to prevent the physical and sexual abuse of children, and protect children that have already been subjected to such abuse, clear and immediate communication and document sharing between law enforcement, the medical community, and child protection services must occur.
II. It has been the intent of this body to enact legislation to protect children, by making the exchange of necessary and relevant information between law enforcement, the medical community, and child protection services easier and more efficient in the course of a joint investigation of physical or sexual abuse of a child; notably in RSA 169-C:25, RSA 169-C:25-a, RSA 169-C:34-a, and RSA 170-G:8-a; and through mandated rulemaking in RSA 169-C:3 and RSA 170-G:8-a, III, which apparently has not been done.
III. At this time, through the various agencies' readings of these and other statutes; the interplay of privacy mandates in both state and federal law; and, the constraints, real or perceived, placed on law enforcement, the medical community and child protection services in the course of these investigations, children are not being adequately protected.
IV. It is the wish of this body to convene a study commission to find a solution to allow these various actors to work together to protect the safety and welfare of New Hampshire’s children.
308:2 Committee to Study the Sharing of Confidential Records Among Members of a Multidisciplinary Child Protection Team. There is hereby established a committee to study the sharing of confidential records among members of a multidisciplinary child protection team.
I. The members of the committee shall be one member of the senate, appointed by the president of the senate, and 4 members of the house of representatives, appointed by the speaker of the house of representatives, one from the children and family law committee, one from the health, human services and elderly affairs committee, and 2 members from any house committee; at least one of whom shall be a member of the minority party.
II. The committee shall seek testimony from various persons and agencies in order to accomplish its purpose. These shall include, but not be limited to:
(a) The director of the division for children, youth and families (DCYF), or designee.
(b) A representative of the DCYF legal department, appointed by the department.
(c) The child advocate, or designee.
(d) A representative of the attorney general’s office, appointed by the attorney general.
(e) A member of the judiciary, appointed by the judicial branch.
(f) A representative of the New Hampshire Association of Chiefs of Police, appointed by the association.
(g) A representative of the New Hampshire Hospital Association, with an expertise in HIPAA, appointed by the association.
(h) One detective who handles crimes against children, from a city, appointed by the governor.
(i) A victim witness advocate, appointed by the governor.
(j) A board-certified child abuse pediatrician, appointed by the governor.
(k) A contracted CAPP examiner, appointed by the governor.
(l) A licensed therapist, appointed by the governor.
III. The committee shall study:
(a) The relevant laws of confidentiality in medical/mental health practice, law enforcement and child protection, and examine the interpretation of the relevant laws and the barriers to communication and the sharing of documents.
(b) Best practices around the sharing of information from the relevant practice areas to facilitate investigations of child physical and sexual abuse.
(c) Methods to streamline and improve communication amongst the relevant fields.
(d) Determine necessary rulemaking for DHHS to undertake.
(e) Discuss releases and/or memorandums of understanding currently in place between and among medical providers, child protective services, and law enforcement, regarding information sharing; identify barriers to sharing information in a timely manner; and investigate the creation of additional forms or fact sheets that would facilitate the sharing of information, such as a “HIPAA Fact Sheet” for use by law enforcement and CPSWs to streamline the release of documents from medical providers.
(f) Investigate how other states handle the sharing of information for child protection investigations, such as Massachusetts’s 51-B laws.
(g) Review RSA 169-C adjudication and disposition timelines and the impact on more complex or shared investigations cases, such as physical abuse cases.
IV. The committee may solicit input from any person or entity the committee deems relevant to its study.
V. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
VI. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the senate member. The first meeting of the committee shall be held within 45 days of the effective date of this section. A majority of the members of the committee shall constitute a quorum.
VII. The committee shall submit a report of its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2024.
308:3 Effective Date. This act shall take effect upon its passage.
Approved: July 26, 2024
Effective Date: July 26, 2024
| Date | Amendment |
|---|---|
| April 3, 2024 | 2024-1397h |
| Date | Body | Type |
|---|---|---|
| Feb. 1, 2024 | Senate | Hearing |
| March 7, 2024 | Senate | Floor Vote |
| April 2, 2024 | House | Hearing |
| April 2, 2024 | House | Exec Session |
| April 2, 2024 | House | Floor Vote |
July 30, 2024: Signed by the Governor on 07/26/2024; Chapter 0308; Effective 07/26/2024
July 15, 2024: Enrolled (in recess of) 06/13/2024
July 11, 2024: Enrolled Adopted, VV, (In recess 06/13/2024); SJ 18
July 15, 2024: Enrolled (in recess of) 06/13/2024 HJ 16 P. 51
July 11, 2024: Enrolled Adopted, VV, (In recess 06/13/2024); SJ 18
May 30, 2024: Sen. Carson Moved to Concur with the House Amendment, MA, VV; 05/30/2024; SJ 16
April 11, 2024: Ought to Pass with Amendment 2024-1397h: MA VV 04/11/2024 HJ 11 P. 6
April 11, 2024: Amendment # 2024-1397h: AA VV 04/11/2024 HJ 11 P. 5
April 3, 2024: Committee Report: Ought to Pass with Amendment # 2024-1397h (NT) 04/02/2024 (Vote 15-0; CC) HC 14 P. 4
April 3, 2024: Executive Session: 04/02/2024 10:50 am LOB 206-208
March 20, 2024: Public Hearing: 04/02/2024 10:50 am LOB 206-208
March 12, 2024: Introduced 03/07/2024 and referred to Children and Family Law HJ 7 P. 110
March 7, 2024: Ought to Pass: MA, VV; OT3rdg; 03/07/2024; SJ 6
Feb. 28, 2024: Committee Report: Ought to Pass, 03/07/2024; Vote 5-0; CC; SC 9A
Jan. 24, 2024: Hearing: 02/01/2024, Room 100, SH, 01:30 pm; SC 5
Dec. 14, 2023: To Be Introduced 01/03/2024 and Referred to Judiciary; SJ 1