Revision: Nov. 18, 2023, 5:22 p.m.
2024 SESSION
24-3111.0
05/08
SENATE BILL [bill number]
SPONSORS: [sponsors]
COMMITTEE: [committee]
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ANALYSIS
This bill establishes a commission 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-3111.0
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:
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 agency’s 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.
2 New Subdivision; Child Protection Act; Commission to Study the Sharing of Confidential Records among Members of a Multidisciplinary Child Protection Team; Established. Amend RSA 169-C by inserting after section 34-a the following new subdivision:
Commission to Study the Sharing of Confidential Records among Members of a Multidisciplinary Child Protection Team
169-C:34-b Commission to Study the Sharing of Confidential Records among Members of a Multidisciplinary Child Protection Team; Established. There is hereby established a commission to study the sharing of confidential records among members of a multidisciplinary child protection team.
I. Notwithstanding RSA 14:49, the members of the commission shall be as follows:
(a) Three members of the house of representatives, appointed by the speaker of the house of representatives, one of whom shall be a member of the child and family law committee, one of whom shall be a member of the health, human services and elderly affairs committee, and one of whom shall be a member of the judiciary committee. At least one of the 3 house members shall be a member of the minority party.
(b) Two members of the senate, appointed by the president of the senate.
(c) The commissioner of the department of health and human services, or designee.
(d) The director of the division for children youth and families, department of health and human services, or designee.
(e) A victim-witness advocate.
(f) A representative from the DCYF legal department, appointed by the department.
(g) The child advocate, or designee.
(h) Two detectives who handle crimes against children, from 2 cities.
(i) A representative from the New Hampshire Association of Chiefs of Police, appointed by the association.
(j) One county attorney.
(k) A representative of the attorney general’s office.
(l) A CAC representative.
(m) A member of the domestic violence coalition.
(n) A contracted CAPP examiner.
(o) A board-certified child abuse pediatrician.
(p) A representative from the New Hampshire Hospital Association, with an expertise in HIPAA.
(q) General counsel for a major hospital.
(r) A representative from the mental health advocacy community who understands confidentiality laws.
(s) Licensed therapist.
(t) A member of the judiciary, appointed by the judicial branch.
II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission. Members identified in subparagraphs (e)-(h) and (j)-(s) shall be appointed by the governor.
III. The commission 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, medical, child protection, and law enforcement, currently in place and where barriers lie in the sharing of information, as well as the timeliness of doing so; 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. Commission members shall be appointed within 30 days after the effective date of this section.
V. The commission may solicit input from any person or entity the commission deems relevant to its study.
VI. The members of the study commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the senate member. The first meeting of the commission shall be held within 45 days of the effective date of this section. The commission shall hold a minimum of 10 meetings over the course of its study. A majority of the members of the commission shall constitute a quorum.
VII. The commission shall submit an interim 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. The commission shall submit a final report of its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2025.
3 Repeal. 169-C:34-b and the subdivision heading preceding 169-C:34-b, relative to the commission to study the sharing of confidential records among members of a multidisciplinary child protection team, are repealed.
I. Section 3 of this act shall take effect December 31, 2025.
II. The remainder of this act shall take effect upon its passage.