Bill Text: NH SB592 | 2018 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relative to the child welfare system.

Spectrum: Partisan Bill (Republican 9-0)

Status: (Passed) 2018-06-29 - III. Remainder Effective 07/01/2018 [SB592 Detail]

Download: New_Hampshire-2018-SB592-Amended.html

SB 592-FN-A - AS AMENDED BY THE SENATE

 

03/14/2018   0992s

2018 SESSION

18-2819

05/03

 

SENATE BILL 592-FN-A

 

AN ACT relative to the child welfare system.

 

SPONSORS: Sen. Carson, Dist 14; Sen. Morse, Dist 22; Sen. Bradley, Dist 3; Sen. Avard, Dist 12; Sen. Reagan, Dist 17; Rep. Hinch, Hills. 21; Rep. Kotowski, Merr. 24; Rep. Bove, Rock. 5; Rep. Umberger, Carr. 2

 

COMMITTEE: Health and Human Services

 

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AMENDED ANALYSIS

 

This bill:

 

I.  Waives reimbursement for voluntary services under the child protection act.

 

II.  Establishes a home visiting services initiative.

 

III.  Directs the department of health and human services to contract with a family resource center of quality specialist.

 

IV.  Expands certain child care services.

 

V.  Makes an appropriation to the department of health and human services for additional child protective services workers and licensed alcohol and drug counselors.

 

VI.  Establishes a committee to study family drug court models.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/14/2018   0992s 18-2819

05/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to the child welfare system.

 

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

 

1  Child Protection Act; Liability For Expenses; Voluntary Services Excluded.  Amend RSA 169-C:27, I(a) and (b) to read as follows:

I.(a)  Whenever an order creating liability for expenses is issued by the court under this chapter [or whenever a voluntary service plan is developed and provided for a minor and the minor's family by the department], any expenses incurred for services, placements, and programs the providers of which are certified pursuant to RSA 170-G:4, XVIII, shall be payable by the department of health and human services.

(b)  Subparagraph (a) shall not apply to:

(1)  Expenses incurred for special education and related services[, or to];

(2)  Expenses incurred for evaluation, care, and treatment of the child at the New Hampshire hospital; [or to]

(3)  Expenses incurred for the cost of accompanied transportation; or

(4)  Expenses incurred for voluntary services provided to a minor or the minor's family pursuant to RSA 169-C:34, II-a, RSA 169-C:34, V, or RSA 169-C:34, V-a.

2  TANF Funded Initiative; Home Visiting Services.  The department of health and human services shall use allowable Temporary Assistance to Needy Families (TANF) funds to expand home visiting services through family resource centers.  A priority shall be placed on providing home visiting services to families to whom the department has issued a letter of concern pursuant to RSA 169-C:34, II-a, cases reported by the department of health and human services as unfounded but with reasonable concern, as defined in RSA 169-C:3, XXIX, and TANF recipients who, as parents of children under 12 months old, are exempt from TANF work requirements.  

3  TANF Funded Initiative; Family Resource Centers of Quality Specialist.  The department of health and human services shall use allowable TANF funds to contract with a family resource center of quality specialist.  The role of the specialist shall be to provide technical assistance to family resource centers throughout the state and aid the centers in establishing and achieving the high quality standards necessary for national certification.  The person selected by the department shall be qualified by reason of education and experience to assume the responsibilities of a family resource centers of quality specialist.

4  TANF Funded Initiative; Child Care Services.  The department of health and human services shall use allowable TANF funds to expand child care services to eligible recipients.  Priority shall be given to foster families, families with voluntary service plans through the department of health and human services, and families with individual service plans through family resource centers.

5  Department of Health and Human Services; Supplemental Appropriation.  

I.  The sum necessary to fund the following positions, which may be either state employee or contract positions, is hereby appropriated to the department of health and human services for the biennium ending June 30, 2019:

(a)  Eight child protective services workers, who shall be designated resource workers.

(b)  Two licensed alcohol and drug counselors, who shall contract with the department.

II.  The appropriation in paragraph I shall be in addition to any other funds appropriated to the department for the biennium ending June 30, 2019.  The governor is authorized to draw a warrant for such amount from any money in the treasury not otherwise appropriated.  

6  Family Drug Court;  Study Committee Established.  There is established a committee to study the development of a family drug court in New Hampshire.

I.  The members of the committee shall be as follows:

(a)  One member of the senate, appointed by the president of the senate.

(b)  Three members of the house of representatives, appointed by the speaker of the house of representatives.

II.  Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

III.  The committee shall study family drug court models and the feasibility of establishing a family drug court in New Hampshire.  The specialized court, with jurisdiction over child protection cases that involve substance use by the child's parents or guardians, would provide a coordinated and collaborative approach to reducing child maltreatment by treating parents' underlying substance use disorders.  The committee shall solicit information and testimony from any individual or agency the committee deems relevant to its study, including licensed alcohol and drug counselors, family law attorneys, representatives of the department of health and human services, and representatives of the district court family division.

IV.  The members of the study committee shall elect a chairperson from among the members.  The first meeting of the committee shall be called by the senate member.  The first meeting of the committee shall be held within 45 days of the effective date of this section.  Three members of the committee shall constitute a quorum.

V.  The committee shall report 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, 2018.

7  Effective Date.  This act shall take effect upon its passage.

 

LBAO

18-2819

1/22/18

 

SB 592-FN-A- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to the child welfare system.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2019

FY 2020

FY 2021

FY 2022

   Appropriation

Indeterminable

Indeterminable

Indeterminable

Indeterminable

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [ X ] Other - Federal TANF Funds

 

METHODOLOGY:

This bill makes a variety of changes to the Department of Health and Human Services, as follows:

 

  • Section 1 restores the incentive fund program, encouraging cities and towns to develop prevention programs, court diversion programs, and alternative dispositions for juveniles.  Funding for the program is to be based on a percentage of the amount appropriated to the Department for placement costs.  The Department estimates 4.5% of placement costs in FY19 to be $1,968,692.  The bill does not make a new appropriation to fund the reinstatement of this program.  For the purposes of this fiscal note, the program is not assumed to result in additional expenditures beyond the Department's current appropriation for placement costs.

 

  • Section 2 excludes the costs of voluntary services from the parental reimbursement requirements of RSA 169-C:27.  Since the number of individuals receiving voluntary services, the costs of the services provided, and the amount of recovery (if any) are all indeterminate, the Department assumes that excluding the cost of voluntary services from parental reimbursement will result in a small but indeterminate increase in expenditures.

 

  • Section 3 expands home visiting services (with a priority for families to whom the Department has issued a letter of concern pursuant to RSA 169-C:34), and funds these services with federal TANF funds in an amount not to exceed $1,200,000.  The bill does not specify whether this is expected to be a one-time expenditure or an ongoing obligation.

 

  • Section 4 requires the Department to use $75,000 of allowable TANF funds to contract with a family resource centers of quality specialist.  The bill does not specify whether this is expected to be a one-time expenditure or an ongoing obligation.

 

  • Section 5 requires the Department to use $475,000 of allowable TANF funds to expand child care services to eligible recipients.  For purposes of this fiscal note, the department assumes that the cost to expand these services will be $475,000.  The bill does not specify whether this is expected to be a one-time expenditure or an ongoing obligation.

 

  • Section 6 requires that the Department designate one child protective service worker as the trauma specialist for each district office and that the Department separately designate resource workers responsible for child care licensing, home studies and the training and support of foster care families.  The section further establishes a foster care health program within the Department.  

 

  • Section 7 appropriates to the Department an amount necessary to fund 16 child protective service workers (CPSW), four of whom shall be supervisors; four licensed drug and alcohol counselors (LADAC), and two licensed nurses to support the foster care health program and address the shortage of medical professionals with specialty knowledge to assess and respond to severe child abuse and neglect.

 

With respect to sections 6 and 7, the Department states that it has an existing foster care health program currently staffed by two foster care health nurses.  Accordingly, the requirement to establish this program should not have a fiscal impact.  The Department assumes, however, that the appropriation in section 7 for two foster care health nurses is in addition to the two nurses currently on staff.  The Department further projects that, in addition to the 12 non-supervisory CPSW positions funded by section 7 of the bill, it will need a further 12 CPSW positions to serve as the trauma specialists required by section 16.  The Department projects total position-related costs as follows:  

 

Positions Funded by Appropriation in Section  7:

 

 

 

 

 

 

 

 

FY19

FY20

FY21

FY22

12 CPSWs

$756,000

$792,000

$828,000

$876,000

4 supervisors

$312,000

$328,000

$344,000

$360,000

4 LADACs

$332,000

$348,000

$368,000

$384,000

2 Public Health Nurse Coordinators

$146,000

$154,000

$162,000

$168,000

     Total:

$1,546,000

$1,622,000

$1,702,000

$1,788,000

 

 

 

 

 

Funding Breakdown:

 

 

 

 

     38% Federal Funds

$587,480

$616,360

$646,760

$679,440

     62% General Funds

$958,520

$1,005,640

$1,055,240

$1,108,560

 

 

 

 

 

 

Positions NOT Funded by Appropriation in Section 7:

 

 

 

 

 

 

 

 

FY19

FY20

FY21

FY22

12 Dedicated Trauma Specialists

$756,000

$792,000

$828,000

$876,000

 

 

 

 

 

Funding Breakdown:

 

 

 

 

     38% Federal Funds

$287,280

$300,960

$314,640

$332,880

     62% General Funds

$468,720

$491,040

$513,360

$543,120

 

 

AGENCIES CONTACTED:

Department of Health and Human Services

 

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