Bill Text: NH SB416 | 2022 | Regular Session | Amended
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-Amended.html
SB 416-FN - AS AMENDED BY THE HOUSE
03/24/2022 1120s
21Apr2022... 1668h
4May2022... 1786h
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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AMENDED ANALYSIS
This bill requires children's behavioral health assessments to include a functional behavioral assessment, and a behavioral intervention plan if clinically indicated, 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/24/2022 1120s
21Apr2022... 1668h
4May2022... 1786h 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 residential 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. Residential care is costly for the state and not proven to support successful long-term outcomes or reduce problem behavior.
II. Testing with functional behavioral assessments to support behavioral interventions as an established criteria prior to children being placed out of home may avoid or reduce the need for residential treatment.
III. Behavioral interventions supported by a functional behavioral analysis are proven to be effective in modifying behavior to healthy, prosocial behavior.
IV. Understanding the cause and meaning behind problem behavior informs community-based behavior programming and reduces the need for residential treatment. When clinically necessary, residential treatment based on the cause and meaning of behavior is more effective at reducing the risk of persistent problem behavior and better prepares a child to return home.
V. Under federal law, 34 C.F.R. 300.530(d)(1)(ii), schools are required to conduct a functional behavioral assessment and provide behavioral intervention services any time a child is removed from school for more than 10 days in a school year and the behavior triggering the removal is directly and substantially related to the child’s disability or is a result of the school’s failure to implement the IEP per 34 C.F.R. 300.530(e).
VI. Therefore, this act directs the department of health and human services to expand the use of functional behavioral assessments when clinically indicated to inform behavioral intervention plans for children in need of residential treatment due to problem behavior. When related to educational needs, the department shall collaborate with the school district to comply with the law.
2 New Paragraph; Services for Children, Youth and Families; Assessment, Treatment, and Discharge Planning; Requirement for Evidence-Based Functional Behavioral Assessments and Plans. Amend RSA 170-G:4-e by inserting after paragraph IV the following new paragraph:
IV-a. The assessment of behavioral health and other treatment needs of a child at risk of residential treatment either through RSA 169-B, 169-C, 169-D, or RSA 135-F, the system of care for children's mental health due to problem behavior, shall include an evidence-based functional behavioral assessment and a behavioral intervention plan, if clinically indicated. If the child's school district has no responsibility under IDEA to complete a functional behavioral assessment and it is not related to the child's educational needs, the department shall obtain a functional behavioral assessment. If a functional behavioral assessment cannot be completed prior to entry into residential treatment, the department shall ensure that an assessment is initiated within 30 days of that entry. The functional behavioral assessment shall be conducted by individuals qualified to perform the assessment, which may include, but is not limited to, a board certified behavior analyst or psychologist. The assessment shall include, but not be limited to, a file review, at least 2 hours of observation in a natural or clinical setting, and a final written report, which shall include specific recommendations to include within a positive behavior intervention plan.
3 New Paragraph; Special Education; Individualized Education Programs; Functional Behavioral Assessment Required. Amend RSA 186-C:7 by inserting after paragraph III the following new paragraph:
IV. If a functional behavioral assessment exists for the student and if the IEP team has determined a positive intervention plan is appropriate after review of the functional behavioral assessment, the child's individualized education program shall include data from the functional behavioral assessment with recommendations and reference to a positive behavior intervention plan that is developed in addition to the IEP. Districts shall refer to 34 C.F.R. 530 in its entirety to determine their responsibilities for discipline procedures under IDEA.
4 Effective Date. This act shall take effect January 1, 2024.
22-2967
Revised 1/17/22
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: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | ||||
STATE: | FY 2022 | FY 2023 | FY 2024 | FY 2025 | |
Appropriation | $0 | $0 | $0 | $0 | |
Revenue | $0 | $0 | $0 | $0 | |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | ||||
METHODOLOGY:
This bill requires the Department of Health and Human Services to expand the use of functional behavioral analyses (FBA) and assessments to inform behavioral intervention plans for children at risk of out-of-home placement due to problem behavior. The Department states that traditionally, the FBA has been used in education and specific developmental diagnosis support. The Department further states that if the intent of the bill is to broaden the FBA beyond its traditional uses and into the behavioral health arena, there will likely be a "significant" state cost. The Department did not identify the extent of any such additional costs.
It is assumed that any fiscal impact will begin in FY 2023.
AGENCIES CONTACTED:
Department of Health and Human Services
