HB1410: (2nd New Title) relative to the release of information to persons receiving a child for placement and relative to the department of health and human service's disclosure of information regarding the death of a child from abuse and neglect.

CHAPTER 98

HB 1410 – FINAL VERSION

19Feb2004… 0186h

04/01/04 0976s

29Apr2004… 1450eba

2004 SESSION

03-2335

05/09

HOUSE BILL 1410

AN ACT relative to the release of information to persons receiving a child for placement and relative to the department of health and human service’s disclosure of information regarding the death of a child from abuse and neglect.

SPONSORS: Rep. Gilman, Graf 9; Rep. Morris, Rock 84

COMMITTEE: Children and Family Law

AMENDED ANALYSIS

This bill provides that the department of health and human services shall adopt rules requiring the department to disclose a child’s social and emotional history, including physical and mental health issues, to the person with whom the child is placed.

The bill also clarifies that the department may be required to disclose information regarding all prior reports of abuse and neglect in a child fatality case.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19Feb2004… 0186h

04/01/04 0976s

29Apr2004… 1450eba

03-2335

05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to the release of information to persons receiving a child for placement and relative to the department of health and human service’s disclosure of information regarding the death of a child from abuse and neglect.

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

98:1 Residential Care and Child-Placing Agency Licensing; Rulemaking Relative to the Release of Information to Placements. Amend RSA 170-E:34, I(g) to read as follows:

(g) The release of information to persons receiving the child which pertains to the life and safety of the child either about to be placed or already in placement, and which may pertain to the life and safety of the persons who are receiving or who have received the child for placement, including any physical and mental health issues, history of abuse or neglect, behaviors that may be expected, and recommended ways of handling the child’s problems. For purposes of this subparagraph, placement shall mean out-of-home placements, including placements for adoption.

98:2 Commissioner of the Department of Health and Human Services; Disclosure of Information Regarding Abuse and Neglect in Child Fatality Cases. Amend RSA 126-A:5, XII(c)(3)-(10) to read as follows:

(3) The date of any report to the department of suspected abuse or neglect, to include any prior reports on file, provided that the identity of the person making the report shall not be made public.

(4) The statutory basis and supporting allegations of any such report, provided that the identity of the person making the report shall not be made public.

(5) Whether [the] any such report was referred to a district office for assessment and, if so, the priority assigned by central intake.

(6) The date [the] any such report was referred to the district office for assessment.

(7) For each report, the date and means by which the district office made contact with the family regarding the assessment.

(8) For each report, the date and means of any collateral contact made as part of the investigation provided that the identity of an individual so contacted shall not be made public.

(9) For each report, the date the assessment was completed.

(10) For each report, the fact that the department's investigation resulted in a finding of either abuse or neglect and the basis for the finding.

98:3 Effective Date. This act shall take effect upon its passage.

(Approved: May 11, 2004)

(Effective Date: May 11, 2004)