Amendment 2025-1539h to SB161 (2025)

(New Title) making technical corrections to statutes governing out-of-state placements for children.


Revision: April 18, 2025, 11:06 a.m.

Rep. M. Pearson, Rock. 34

April 8, 2025

2025-1539h

11/09

 

 

Amendment to SB 161

 

Amend the bill by replacing sections 1 and 2 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.