Bill Text: NH SB416 | 2022 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relative to behavioral health assessment and treatment for children in out-of-home placements.

Spectrum: Moderate Partisan Bill (Democrat 12-3)

Status: (Passed) 2022-06-22 - Signed by the Governor on 06/17/2022; Chapter 0238; Effective 01/01/2024 [SB416 Detail]

Download: New_Hampshire-2022-SB416-Introduced.html

SB 416-FN - AS INTRODUCED

 

 

2022 SESSION

22-2967

07/05

 

SENATE BILL 416-FN

 

AN ACT relative to behavioral health assessment and treatment for children in out-of-home placements.

 

SPONSORS: Sen. Whitley, Dist 15; Sen. Hennessey, Dist 1; Sen. D'Allesandro, Dist 20; Sen. Rosenwald, Dist 13; Sen. Perkins Kwoka, Dist 21; Sen. Watters, Dist 4; Sen. Soucy, Dist 18; Sen. Carson, Dist 14; Sen. Sherman, Dist 24; Sen. Prentiss, Dist 5; Rep. Rice, Hills. 37; Rep. Rombeau, Hills. 7; Rep. Wallner, Merr. 10; Rep. Luneau, Merr. 10; Rep. Myler, Merr. 10

 

COMMITTEE: Health and Human Services

 

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ANALYSIS

 

This bill requires children's behavioral health assessments to include evidenced-based functional behavioral analysis, or similar assessment, and a behavioral intervention plan prior to the placement decision.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22-2967

07/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Two

 

AN ACT relative to behavioral health assessment and treatment for children in out-of-home placements.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Declaration of Purpose.  The general court hereby finds that:

I.  There are currently 300 New Hampshire children subject to the jurisdiction of the division for children, youth and families placed in institutional care away from their families and communities.  Approximately 70 of those children are in out-of-state facilities.  These institutional placements are costly for the state and are not proven to reduce problem behavior.

II.  Testing with functional behavioral analyses or assessments to support behavioral interventions as an established criteria prior to children being placed out of home will avoid costly, restrictive, lengthy, ineffective, and often unnecessary institutional care in many cases.

III.  Behavioral interventions supported by a functional behavioral analysis or assessment are proven to be effective in modifying behavior to be prosocial.

IV.  Understanding the cause and meaning behind problem behavior informs community-based behavior programming and reduces the need for institutional placement.  When unavoidable, institutional treatment based on the cause and meaning of behavior is more effective at reducing the risk of persistent problem behavior.

V.  Therefore, this act directs the department of health and human services to expand the use of functional behavioral analyses and assessments to inform behavioral intervention plans for children at risk of out of home placement due to problem behavior.

2  New Paragraph; Services for Children, Youth and Families; Assessment, Treatment, and Discharge Planning; Requirement for Evidence-Based Functional Behavioral Analyses and Plans.  Amend RSA 170-G:4-e by inserting after paragraph IV the following new paragraph:

IV-a.  The assessment of the child’s behavioral health and other treatment needs shall include an evidence-based functional behavioral analysis or assessment and a behavioral intervention plan.  If a functional behavioral analysis or assessment cannot be completed prior to the placement decision, the department shall ensure that an analysis or assessment is completed within 10 days of the placement decision.

3  Effective Date.  This act shall take effect 60 days after its passage.

 

LBA

22-2967

12/23/21

 

SB 416-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to behavioral health assessment and treatment for children in out-of-home placements.

 

FISCAL IMPACT:

Due to time constraints, the Office of Legislative Budget Assistant is unable to provide a fiscal note for this bill, as introduced, at this time.  When completed, the fiscal note will be forwarded to the Senate Clerk's Office.

 

AGENCIES CONTACTED:

Department of Health and Human Services

 

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