Text to be removed highlighted in red.
1 New Paragraph; Oversight of Restraints and Seclusions. Amend RSA 21-V:2 by inserting after paragraph II the following new paragraph:
II-a. Provide independent review and oversight of all restraints and seclusions performed on any child pursuant to RSA 126-U.
2 New Paragraph; Confidential Central Reporting Location. Amend RSA 21-V:2 by inserting after paragraph VIII the following new paragraph:
IX. Designate a confidential central reporting location for restraint and seclusion reports and related material, including notifications.
3 New Subparagraph; Reports of Restraints and Seclusions. Amend RSA 21-V:4, I by inserting after subparagraph (d) the following new subparagraph:
(e) All reports of restraints and seclusions made pursuant to RSA 126-U:7.
4 New Paragraph; Access to Facility and Staff. Amend RSA 21-V:4 by inserting after paragraph I the following new paragraph:
I-a. The office shall, at reasonable times and with reasonable notice, have access to the facility or school where the incident occurred and the facility's or school's staff and administration at the location.
5 Production of Incident Reports; Time Frame. Amend RSA 21-V:7 to read as follows:
21-V:7 Incidents and Fatalities.
I. The division shall provide the office with a copy of all critical incident reports or other reports related to actual physical injury to children or a significant risk of such harm, as well as other incidents which may affect the safety and well-being of children in the custody or control of the department of health and human services, including but not limited to reports related to the restraint and seclusion of any child under the care and protection of the division , not later than 48 hours after the occurrence.
II. The division shall provide the office with notice of any child fatality or serious injury of a child under its care or supervision or whose safety and the safety of the child's siblings has been or is being assessed, immediately by telephone. The division shall further provide the office with written report of such fatality or serious injury not later than 48 hours after the occurrence.
6 Explanation of Restraint. Amend RSA 126-U:1, IV(e)(2) to read as follows:
(2) The temporary holding of the hand, wrist, arm, shoulder, or back for the purpose of inducing a child to stand, if necessary, and then walk to a safe location, so long as the child is in an upright position and moving toward a safe location.
7 Written Notification; Submission. Amend the introductory language of RSA 126-U:7, II to read as follows:
II. A facility employee or school employee who uses seclusion or restraint, or if the facility employee or school employee is unavailable, a supervisor of such employee, shall, within 5 business days after the occurrence, submit a written notification , on a form developed by the department of education and department of health and human services, in consultation with the office of the child advocate, containing the following information to the director or his or her designee:
8 Office of the Child Advocate; Classified Positions Established; Appropriation.
I. The following classified positions are established in the office of the child advocate to support the review and oversight of restraint and seclusion reports, and the expansion to include restraint and seclusion reports from schools:
(a) One assistant child advocate position, 23-1020 Admin Law Judges-3 (SOC 23, pay band 6, step 1).
(b) Two case aide positions, 21-1090-MISC SOC SVC SPECS-2 (SOC 21, pay band 2, step 1).
(c) One children's services analyst position, 15-2050 Data Scientists-2 (SOC 15, pay band 6, step 1).
II. The sum necessary to fund the positions established in paragraph I of this section shall be appropriated to the office of the child advocate for each year of the biennium ending June 30, 2027. Notwithstanding RSA 14:30-a, for the purpose of funding the positions established in paragraph I, the office 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 Effective Date. This act shall take effect July 1, 2025.
Text to be added highlighted in green.
1 New Paragraph; Oversight of Restraints and Seclusions. Amend RSA 21-V:2 by inserting after paragraph II the following new paragraph:
II-a. Provide independent review and oversight of all restraints and seclusions performed on any child pursuant to RSA 126-U.
2 New Paragraph; Confidential Central Reporting Location. Amend RSA 21-V:2 by inserting after paragraph VIII the following new paragraph:
IX. Designate a confidential central reporting location for restraint and seclusion reports and related material, including notifications.
3 New Subparagraph; Reports of Restraints and Seclusions. Amend RSA 21-V:4, I by inserting after subparagraph (d) the following new subparagraph:
(e) All reports of restraints and seclusions made pursuant to RSA 126-U:7.
4 New Paragraph; Access to Facility and Staff. Amend RSA 21-V:4 by inserting after paragraph I the following new paragraph:
I-a. The office shall, at reasonable times and with reasonable notice, have access to the facility or school where the incident occurred and the facility's or school's staff and administration at the location.
5 Production of Incident Reports; Time Frame. Amend RSA 21-V:7 to read as follows:
21-V:7 Incidents and Fatalities.
I. The agency shall provide the office with a copy of all critical incident reports or other reports related to actual physical injury to children or a significant risk of such harm, as well as other incidents which may affect the safety and well-being of children, including but not limited to reports related to the restraint and seclusion of any child under the care or supervision of the agency , not later than 5 days after the occurrence.
II. The agency shall provide the office with notice of any child fatality or serious injury of a child under its care or supervision or whose safety and the safety of the child's siblings has been or is being assessed, immediately by telephone. The agency shall further provide the office with written report of such fatality or serious injury not later than 48 hours after the occurrence.
III. The agency shall provide the office with all restraint and seclusion reports created pursuant to 126-U:7 within 5 days of the incident. The agency shall submit the reports to a designated confidential central reporting location under RSA 21-V:2, IX.
6 Explanation of Restraint. Amend RSA 126-U:1, IV(e)(2) to read as follows:
(2) The temporary holding of the hand, wrist, arm, shoulder, or back for the purpose of inducing a child to stand, if necessary, and then walk to a safe location, so long as the child is in an upright position and moving toward a safe location. However, if the child is actively combative, assaultive, or self-injurious while being escorted, it is considered a restraint, and the requirements of paragraphs 126-U:7, IV and V shall apply.
7 Written Notification; Submission. Amend the introductory language of RSA 126-U:7, II to read as follows:
II. A facility employee or school employee who uses seclusion or restraint, or if the facility employee or school employee is unavailable, a supervisor of such employee, shall, within 5 business days after the occurrence, submit a written notification to the designated confidential central reporting location underRSA 21-V:2, IX , on a form developed by the department of education and department of health and human services, in consultation with the office of the child advocate, containing the following information to the director or his or her designee:
8 Office of the Child Advocate; Classified Positions Established; Appropriation.
I. The following classified positions are established in the office of the child advocate to support the review and oversight of restraint and seclusion reports, and the expansion to include restraint and seclusion reports from schools:
(a) One assistant child advocate position, 23-1020 Admin Law Judges-3 (SOC 23, pay band 6, step 1).
(b) Two case aide positions, 21-1090-MISC SOC SVC SPECS-2 (SOC 21, pay band 2, step 1).
(c) One children's services analyst position, 15-2050 Data Scientists-2 (SOC 15, pay band 6, step 1).
II. The sum necessary to fund the positions established in paragraph I of this section shall be appropriated to the office of the child advocate for each year of the biennium ending June 30, 2027. Notwithstanding RSA 14:30-a, for the purpose of funding the positions established in paragraph I, the office 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 Effective Date. This act shall take effect July 1, 2025.