Bill Text: NH SB459 | 2024 | Regular Session | Amended
Bill Title: Establishing a committee to study the child protection act; establishing a right to submit evidence and testimony in family court proceedings; relative to wage garnishment with child support payments; and relative to parenting coordinators in high-conflict cases.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Engrossed - Dead) 2024-05-30 - Sen. Carson Moved Nonconcur with the House Amendment, Motion Adopted, Voice Vote; 05/30/2024; Senate Journal 16 [SB459 Detail]
Download: New_Hampshire-2024-SB459-Amended.html
SB 459-FN - AS AMENDED BY THE SENATE
04/11/2024 1463s
04/11/2024 1471s
2024 SESSION
24-3005
05/08
SENATE BILL 459-FN
AN ACT establishing a committee to study the child protection act.
SPONSORS: Sen. Carson, Dist 14; Sen. Whitley, Dist 15; Rep. M. Pearson, Rock. 34; Rep. Cordelli, Carr. 7
COMMITTEE: Judiciary
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AMENDED ANALYSIS
This bill establishes a committee to study 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
04/11/2024 1463s
04/11/2024 1471s 24-3005
05/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT establishing a committee to study the child protection act.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Committee Established. There is established a committee to study the child protection act.
2 Membership and Compensation.
I. The members of the committee shall be as follows:
(a) Two members of the senate, one from the majority and one from the minority, 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.
3 Duties. The committee shall:
I. Study the definitions under the child protection act.
II. Study circumstances creating a rebuttable presumption of harm under RSA 169-C:12-f and prospective repeal of the section on July 1, 2024, pursuant to 2020, 26:56.
III. Study the expansion of the child abuse reporting requirement to include health care providers who treat a child under 13 years of age for a sexually transmitted disease.
IV. Propose any legislation the committee deems appropriate as a result of its study.
4 Chairperson; Quorum. 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 first-named 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.
5 Report. 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, 2024.
6 Effective Date. This act shall take effect upon its passage.
24-3005
Revised 1/25/24
SB 459-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to the presumption of harm under the child protection act.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund(s) | None | |||||
Expenditures | $0 | $1.9 million - $3.8 million | $3.9 million | $4.1 million | ||
Funding Source(s) | General Fund | |||||
Appropriations | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None | |||||
• Does this bill provide sufficient funding to cover estimated expenditures? [X] No • Does this bill authorize new positions to implement this bill? [X] No |
METHODOLOGY:
This bill repeals and reenacts the Child Protection Act by, among other things:
- Revising the definitions of abused child, neglected child, and imminent harm;
- Revising circumstances creating a rebuttable presumption of harm and removing the prospective repeal of that section; and
- Expanding the child abuse reporting requirement to include health care providers who treat a child under the age of 13 for a sexually transmitted disease.
The Department of Health and Human Services states that, as a result of a likely increase in abuse/neglect reports, investigations, and open cases, the bill may result in the need for additional staff to meet the expanded grounds for Division for Children, Youth, and Families (DCYF) involvement. The Department anticipates the need for the following 35 positions: 11 new staff attorney positions, one new central intake child protective service worker (CPSW), one new special investigations CPSW, 11 new assessment CPSWs, and 11 new family service CPSWs. These positions are expected to cost the following for each full fiscal year: $3.8 million in FY25, $3.9 million in FY26, and $4.1 million in FY27. In recognition of the bill's January 1, 2025 effective date (which applies to all of the bill except for section 11), the table above reflects the possibility that FY25 expenditures may be as low as 50 percent of a full year's costs.
In addition to the costs noted above, the changes contained in the bill may impact the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at:
https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf
AGENCIES CONTACTED:
Department of Health and Human Services