Bill Text: NH HB1650 | 2018 | Regular Session | Introduced


Bill Title: Removing education as required by law as a criterion for determining child neglect.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2018-03-06 - Refer for Interim Study: Motion Adopted Regular Calendar 241-88 03/06/2018 House Journal 6 P. 63 [HB1650 Detail]

Download: New_Hampshire-2018-HB1650-Introduced.html

HB 1650 - AS INTRODUCED

 

 

2018 SESSION

18-2624

05/04

 

HOUSE BILL 1650

 

AN ACT removing education as required by law as a criterion for determining child neglect.

 

SPONSORS: Rep. Hoell, Merr. 23; Rep. Itse, Rock. 10

 

COMMITTEE: Children and Family Law

 

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ANALYSIS

 

This bill removes education as required by law from the definition of a neglected child under the child protection act.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2624

05/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT removing education as required by law as a criterion for determining child neglect.

 

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

 

1  Statement of Findings.

I.  The general court hereby finds that:

(a)  The annual home education advisory council (HEAC) report indicates that in 2016 the division for children, youth and families investigated almost 600 allegations of educational neglect involving children in all types of educational settings, but substantiated only 34, a 95 percent rate of chasing false leads;

(b)  The division for children, youth and families staff are not trained to evaluate education but are trained to assess allegations of abuse or neglect;

(c)  The division for children, youth and families is under-resourced to adequately address the most serious allegations of abuse and neglect;

(d)  There have been significant issues in the news about the performance of the division for children, youth and families and focusing their efforts would better serve the children of this state; and

(e)  The citizens of this state are already legally obligated pursuant to RSA 193:1 to

comply with education laws and may be charged with a violation for failure to comply with school bylaws regarding attendance and truancy.

II. The general court further finds that:

(a)  It is in the best interest of the citizens of the state of New Hampshire for the resources of the division for children, youth, and families to be focused on allegations of abuse and neglect not related to education; and

(b )  That relieving the division for children, youth and families from the obligation to investigate allegations of abuse and neglect not related to education will allow the department to focus its resources on more pressing allegations that allege serious physical abuse or neglect of

children in New Hampshire; and

(c)  That the existing penalties for truancy as a sanction for violation of the state's compulsory attendance laws are sufficient as both a deterrent as well as a punishment for failing

to comply with the compulsory attendance laws in the state of New Hampshire.

2  Child Protection Act; Definition of Neglected Child.  Amend RSA 169-C:3, XIX(b) to read as follows:

(b)  Who is without proper parental care or control, subsistence, [education as required by law,] or other care or control necessary for the child's physical, mental, or emotional health, when it is established that the child's health has suffered or is likely to suffer serious impairment; and the deprivation is not due primarily to the lack of financial means of the parents, guardian or custodian; or

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

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