Revision: Feb. 21, 2025, 9:37 a.m.
Sen. Birdsell, Dist 19
February 19, 2025
2025-0514s
11/05
Amendment to SB 161
Amend the title of the bill by replacing it with the following:
AN ACT making technical corrections to statutes governing out-of-state placements for children.
Amend the bill by replacing all after the enacting clause with the following:
1 Child Protection Act; Presumption in Favor of In-State Placements; License; Controlling State. Amend RSA 169-C:19-b to read as follows:
169-C:19-b Presumption in Favor of In-State Placements. There shall be a presumption that an in-state placement is the least restrictive and most appropriate placement. The court may order an out-of-state placement only upon an express written finding that no options for in-state placement exist and the out-of-state placement offers specialized programming or services that are unable to be provided within New Hampshire, and the placement is [contracted with the state] licensed in accordance with the laws of the state in which they operate and certified by the department. Preference shall be given to out-of-state placements that are in proximity to the child's family and/or kin, who are able to participate in family and/or reunification services. Any out-of-state placements shall be limited in time and require both increased judicial oversight and the written approval of the director of the division for children, youth and families, or designee, for placements outside of New England.
2 Order of Preference; Controlling Law. Amend RSA 169-F:5 to read as follows:
169-F:5 Presumption in Favor of In-State Placements. There shall be a presumption that an in-state placement is the least restrictive and most appropriate placement. The court may order an out-of-state placement only upon an express written finding that no in-state options exist and that the out-of-state placement offers specialized programming or services that are unable to be provided within New Hampshire, and the placement is [contracted with the state] licensed in accordance with the laws of the state in which they operate, and certified by the department. Preference shall be given to out-of-state placements that are in proximity to the child's family and/or kin, who are able to participate in family and/or reunification services. Any out-of-state placements shall be limited in time and require both increased judicial oversight and the written approval of the director of the division for children, youth and families, or designee, for placements outside of New England.
3 Oversight; Department Responsibilities. Amend RSA 169-F:7, II to read as follows:
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] paragraph I of this section, to be completed during each monthly in-person visit.
4 Effective Date. This act shall take effect January 1, 2026.
2025-0514s
AMENDED ANALYSIS
This bill requires out-of-state placements for children to be licensed in the accordance with the laws of the state in which they operate and be certified by the department of health and human services. This bill replaces references to placements for children "contracted" with the department of health and human services with placements "certified" by the department.