SB415: (New Title) relative to the expansion of the Grafton county court pilot project relative to abuse and neglect hearings.

CHAPTER 221

SB 415-FN – FINAL VERSION

5May2004… 1409h

05/25/04 1660cofc

2004 SESSION

04-3139

09/01

SENATE BILL 415-FN

AN ACT relative to the expansion of the Grafton county court pilot project relative to abuse and neglect hearings.

SPONSORS: Sen. Roberge, Dist 9; Sen. Johnson, Dist 2; Sen. Gallus, Dist 1; Rep. Gile, Merr 38; Rep. Gargasz, Hills 46; Rep. Itse, Rock 80

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill continues for 2 years, and expands to Rockingham county, the Grafton county court pilot project which opens abuse and neglect hearings to the public. The bill also continues the legislative oversight committee on the pilot project and requires the committee to make an interim report on or before November 1, 2005 and a final report by November 1, 2006.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

5May2004… 1409h

05/25/04 1660cofc

04-3139

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to the expansion of the Grafton county court pilot project relative to abuse and neglect hearings.

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

221:1 Court Pilot Project Continued and Expanded. Amend RSA 2002, 243:2-243:5 as amended by 2003, 206:5 – 206:6 to read as follows:

243:2 Abuse and Neglect Hearings in the Grafton and Rockingham County [Court] Courts; Pilot Project.

I. A pilot project in the Grafton and Rockingham county [court] courts is established to assess opening hearings in child abuse and neglect cases to the public absent a finding that opening the hearing or that disclosure of some or all of the evidence would be contrary to the best interests of the child or would cause unreasonable harm to one or more of the parties.

II. All observers of and participants in hearings conducted under this section shall be subject to the confidentiality provisions of RSA 169-C:25.

III. Notwithstanding RSA 169-C:14, any hearing held under RSA 169-C in the court participating in the pilot project shall be open to the public unless the court makes a specific finding, upon motion of either party or sua sponte by the court, that opening the hearing or that disclosure of some or all of the evidence would be contrary to the best interests of the child or would cause unreasonable harm to one or more of the parties. The court shall then limit admittance to the hearing only to the extent required to prevent disclosure of the harmful evidence except where a child who is the subject of the proceedings attends a hearing, in which case it shall be presumed that admitting nonparties would be contrary to the best interests of the child or would cause unreasonable harm. In any event, medical and psychological reports, records, and profiles, and testimony referring to the contents of such reports, records, and profiles, shall remain non-public. Such hearing shall, whenever possible, be held in rooms not used for criminal trials.

IV. Expansion of the pilot program to any county shall be implemented based on procedures developed in Grafton county by the administrative judge of the family division.

[III.] V. The [supervisory judge of the family court in Grafton county] administrative judge of the family division shall prepare a report on the findings and recommendations of the Grafton and Rockingham county [court] courts relative to opening hearings in child abuse and neglect cases under the terms established by the pilot project. The [supervisory judge of the family court in Grafton county] administrative judge of the family division shall provide the report to the governor, the speaker of the house of representatives, the senate president, the legislative oversight committee, the senate clerk, the house clerk, and the commissioner of the department of health and human services on or before September 1, [2004] 2006.

243:3 Legislative Oversight Committee Established. There is established a legislative oversight committee to monitor the progress of the pilot project in the Grafton and Rockingham county [court] courts.

I. Membership and Compensation.

(a) The members of the committee shall be as follows:

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

(2) Three members of the senate, appointed by the president of the senate.

(b) Members of the oversight committee shall receive mileage at the legislative rate when attending to the duties of the committee.

(c) The administrative judge of the family division shall appoint one judge in each county to serve as a liaison on the pilot project to the legislative oversight committee.

II. Duties. The legislative oversight committee shall:

(a) Establish criteria to evaluate the effectiveness of the pilot project, including the effects of opening hearings on children and families involved.

(b) Determine what costs, if any, are incurred by the [court] courts as a result of the project.

(c) Assess the effectiveness of the project based on the established criteria and information gathered by the committee regarding the project’s implementation.

III. Chairperson; Quorum. The members of the legislative oversight committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Four members of the committee shall constitute a quorum.

IV. Report. The committee shall make an interim report of its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the senate president, the house clerk, the senate clerk, the governor, and the state library on or before November 1, [2004], 2005. The interim report shall include recommendations, based on results, regarding expansion of the pilot project to Hillsborough County beginning July 1, 2006. The committee shall submit a final report on or before November 1, 2006. The final report shall include recommendations, based on results, regarding expansion of the pilot project statewide.

243:4 Repeal. Section 2 of this act, relative to the pilot project in Grafton [county]and Rockingham counties, is repealed.

243:5 Effective Date.

I. Section 4 of this act shall take effect June 30, [2004] 2006.

II. The remainder of this act shall take effect upon its passage.

221:2 Effective Date. This act shall take effect June 29, 2004.

(Approved: June 11, 2004)

(Effective Date: June 29, 2004)