HB495: (New Title) relative to criminal record and central registry checks of prospective foster and adoptive parents and relative to the custody of a child placed by the court in a delinquency proceeding or a proceeding for a child in need of services (CHINS).

CHAPTER 325

HB 495-FN – FINAL VERSION

27Mar2007… 0173h

05/10/07 1413s

27Jun2007… 2367eba

2007 SESSION

07-0841

05/04

HOUSE BILL 495-FN

AN ACT relative to criminal record and central registry checks of prospective foster and adoptive parents and relative to the custody of a child placed by the court in a delinquency proceeding or a proceeding for a child in need of services (CHINS).

SPONSORS: Rep. Harvey, Hills 21; Rep. Gile, Merr 10; Rep. Grassie, Straf 1; Rep. Gargasz, Hills 5

COMMITTEE: Children and Family Law

AMENDED ANALYSIS

This bill establishes criteria and procedures for criminal record and central registry checks of prospective foster and adoptive parents. The bill also defines custody in the context of court-ordered placements under RSA 169-B (delinquency) and RSA 169-D (CHINS).

This bill is a request of the department of health and human services.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

27Mar2007… 0173h

05/10/07 1413s

27Jun2007… 2367eba

07-0841

05/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT relative to criminal record and central registry checks of prospective foster and adoptive parents and relative to the custody of a child placed by the court in a delinquency proceeding or a proceeding for a child in need of services (CHINS).

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

325:1 New Paragraph; Child Protection Act; Central Registry. Amend RSA 169-C:35 by inserting after paragraph V the following new paragraph:

VI. Upon receipt of a written request from another state’s child welfare agency to check the central registry established under this section for information on a prospective foster or adoptive parent or any other adult living in the home of such a prospective foster or adoptive parent, the department shall conduct the requested check and shall provide the requesting state with the results of the check along with such additional information from the department’s case records as the department deems necessary for the requesting state to be able to evaluate the results.

325:2 Adoption; Assessment. Amend RSA 170-B:18, VI to read as follows:

VI. Notwithstanding any of the above requirements, the court shall require a background check in all private adoption proceedings if there has not been an assessment. The background check [will] shall include both a criminal records check conducted by the New Hampshire state police and a search of the abuse and neglect registry maintained by the department. If the court has information that the petitioner has lived in another state, the court may also request a search of that state’s abuse and neglect registry.

325:3 New Paragraph; Adoption; Assessment. Amend RSA 170-B:18 by inserting after paragraph VI the following new paragraph:

VII. The court shall require a background check in all adoption proceedings initiated by the department or by another child placing agency. The background check shall consist of a fingerprint-based criminal record check of national crime information databases for all prospective adoptive parents and a central registry check for all prospective adoptive parents and any other adult living in the home.

(a) For the criminal record check required under this paragraph, the department shall submit the prospective adoptive parents’ fingerprints to the department of safety, division of state police, for forwarding to the Federal Bureau of Investigation. Upon completion of the criminal record check, the division of state police shall forward the results to the department.

(b) The central registry check shall include a check of the department’s central registry of founded reports of child abuse and neglect under RSA 169-C:35 and shall include a check of the child abuse and neglect registries in any other state in which the prospective adoptive parent or other adult living in the home has resided in the preceding 5 years. Information obtained from another state pursuant to this subparagraph shall be used only for the purposes of conducting the background checks.

325:4 Child Care; State Registry and Criminal Records Check. Amend RSA 170-E:29, II to read as follows:

II. Except in the case of an initial application for a foster family home, the department shall, for every name submitted on the application and for each new staff member, or at each renewal, review the names, birth names, birth dates, and current and previous addresses of such persons against the state registry of founded abuse and neglect reports. The department shall submit the names, birth names, birth dates, and addresses to the state police files to obtain information about criminal convictions.

325:5 New Paragraph; Child Care; State Registry and Criminal Record Checks. Amend RSA 170-E:29 by inserting after paragraph II the following new paragraph:

II-a. In the case of an initial application for a foster family home, the department shall conduct a background check of the prospective foster parents and any other adult living in the home. The background check shall consist of a fingerprint-based criminal record check of national crime information databases for the prospective foster parents and a central registry check for the prospective foster parents and any other adult living in the home.

(a) For the criminal record check required under this paragraph, the department shall submit the prospective foster parents’ fingerprints to the department of safety, division of state police, for forwarding to the Federal Bureau of Investigation. Upon completion of the criminal record check, the division of state police shall forward the results to the department.

(b) The central registry check shall include a check of the department’s central registry of founded reports of child abuse and neglect under RSA 169-C:35 and shall include a check of the child abuse and neglect registries in any other state in which the prospective foster parents or other adult living in the home has resided in the preceding 5 years. Information obtained from another state pursuant to this subparagraph shall be used only for the purposes of conducting the background checks.

325:6 New Subparagraph; Exceptions from the Administrative Procedures Act. Amend RSA 541-A:21, I by inserting after subparagraph (y) the following new subparagraph:

(z) RSA 170-B:18, VII, relative to background checks conducted as part of an adoption assessment, and RSA 170-E:29, II-a relative to background checks of prospective foster parents.

325:7 New Paragraph; Delinquent Children; Definition of Custody Added. Amend RSA 169-B:2 by inserting after paragraph III the following new paragraph:

III-a. “Custody” means a legal status created by court order wherein the department of health and human services has placement and care responsibility for the minor.

325:8 Delinquent Children; Release Prior to Arraignment. Amend RSA 169-B:11, II to read as follows:

II. If such a person is not available, the court may release the minor under the supervision of a relative or friend; or [place the minor] may release the minor to the custody of the department of health and human services for placement in a foster home, as defined in RSA 169-C:3, XIII, a crisis home, a shelter care facility, a group home with expenses charged according to RSA 169-B:40, or an alcohol crisis center certified to accept juveniles; or

325:9 Delinquent Children; Release or Detention Pending Adjudicatory Hearing. Amend RSA 169-B:14, I(c) to read as follows:

(c) Released [in the supervision and care of] to the custody of the department of health and human services for placement in a foster home, as defined in RSA 169-C:3, XIII, a group home, a crisis home, or a shelter care facility with expenses charged according to RSA 169-B:40; or

325:10 Delinquent Children; Dispositional Hearing. Amend RSA 169-B:19, I(f) to read as follows:

(f) Release the minor [in the care and supervision of] to the custody of the department of health and human services for placement in a foster home, as defined in RSA 169-C:3, XIII, a group home, a crisis home, or a shelter care facility, with expenses charged according to RSA 169-B:40.

325:11 Child in Need of Services; Definition of Custody Added; Section Alphabetized and Renumbered. RSA 169-D:2 is repealed and reenacted to read as follows:

169-D:2 Definitions. In this chapter:

I. “Child” means a person who is under the age of 18 on the date the petition is filed pursuant to RSA 169-D:5.

II. “Child in need of services” means a child who is under the age of 18 and who is expressly found to be:

(a) Subject to compulsory school attendance, and who is habitually, willfully, and without good and sufficient cause, truant from school; or

(b) A child who habitually runs away from home, or who repeatedly disregards the reasonable and lawful commands of his or her parents, guardian, or custodian and places himself or herself or others in unsafe circumstances; or

(c) A child who has exhibited willful repeated or habitual conduct constituting offenses which would be violations under the criminal code of this state if committed by an adult or, if committed by a person 16 years of age or older, would be violations under the motor vehicle code of this state; and

(d) Is expressly found to be in need of care, guidance, counseling, discipline, supervision, treatment, or rehabilitation.

III. “Conditional release” means a legal status created by a court order following an adjudication that a child is a child in need of services and shall be permitted to remain in the community, including his or her home, subject to:

(a) The conditions and limitations of his or her conduct prescribed by the court.

(b) Such counseling and treatment as are deemed necessary, pursuant to methods and counseling prescribed by the court, for the minor and his or her family.

(c) The supervision of juvenile probation and parole officers as authorized by RSA 170-G:16.

(d) Return to the court for violation of the conditions of the release and change of the disposition at any time during the term of the conditional release.

IV. “Court” means the district court, unless otherwise indicated.

V. “Custody” means a legal status created by court order wherein the department of health and human services has placement and care responsibility for the child.

VI. “Diversion” means a decision made by a person with authority which results in providing an individually designed program for delivery of services for the child by a specific provider, or a plan to assist the child in finding a remedy for his or her inappropriate behavior. The goal of diversion is to prevent further involvement of the child in the formal legal system. Diversion of a child may take place either at pre-filing as an alternative to the filing of a petition or at any time after the filing of the petition.

VII. “Home detention” means court-ordered confinement of a minor with his or her parents or other specified home for 24 hours a day unless otherwise prescribed by written court order, under which the minor is permitted out of the residence only at such hours and in the company of persons specified in the court order establishing the home detention.

VIII. “Restitution” means moneys, compensation, work, or service which is reimbursed by the offender to the victim who suffered personal injury or economic loss.

IX. “Services” means care, guidance, counseling, discipline, supervision, treatment and rehabilitation or any combination thereof.

325:12 CHINS; Release Prior to Initial Appearance. Amend RSA 169-D:10, II(c) to read as follows:

(c) The custody of department of health and human services for placement in a foster home, as defined in RSA 169-C:3, XIII, a group home, a crisis home, or a shelter care facility with expenses chargeable as provided in RSA 169-D:29; or

325:13 CHINS; Release Pending Adjudicatory Hearing. Amend RSA 169-D:13, I(c) to read as follows:

(c) [Placed] Released to the custody of the department of health and human services for placement in a foster home, as defined in RSA 169-C:3, XIII, a group home, a crisis home, or a shelter care facility with expenses chargeable as provided in RSA 169-D:29[; or].

325:14 CHINS; Dispositional Hearing. Amend RSA 169-D:17, I(b) to read as follows:

(b)(1) Releasing the child in the supervision and care of[:

(1)] A relative or suitable adult; or

(2) Releasing the child to the custody of the department of health and human services for placement in a foster home, as defined in RSA 169-C:3, XIII, a group home, a crisis home, or a shelter care facility with expenses charged in accordance with RSA 169-D:29[; or

(3) A foster home, as defined in RSA 169-C:3, XIII, with expenses charged according to RSA 169-D:29].

325:15 Repeal. The following are repealed:

I. RSA 169-B:14, I(d), relative to certain placements pending an adjudicatory hearing.

II. RSA 169-B:19, I(g), relative to certain placements at the dispositional hearing.

III. RSA 169-D:10, II(d), relative to certain placements pending an adjudicatory hearing.

IV. RSA 169-D:13, I(d), relative certain placements at the dispositional hearing.

325:16 Reference Deleted. Amend RSA 169-B:19, VIII to read as follows:

VIII. When a dispositional order places a minor in an out-of-home placement pursuant to RSA 169-B:19, I(e)[,] or (f), [or (g),] prior to concluding the dispositional hearing the court shall set a date for a permanency hearing pursuant to RSA 169-B:31-a, I.

325:17 Reference Deleted. Amend RSA 169-D: 17, II-b to read as follows:

II-b. When a dispositional order places a minor in an out-of-home placement pursuant to RSA 169-B:19, I (e)[,] or (f), [or (g),] prior to concluding the dispositional hearing the court shall set a date for a permanency hearing pursuant to RSA 169-D:21-a.

325:18 Authorization to Renumber.

I. The director of legislative services shall renumber RSA 541-A:21, I(z) as inserted by section 6 of this act to accommodate other acts enacted during the 2007 regular legislative session inserting new subparagraphs in RSA 541-A:21, I.

II. RSA 169-D:2, IX-XII, as enacted by SB 152 of the 2007 regular legislative session are hereby renumbered as RSA 169-D:2, X-XIII.

325:19 Effective Date.

I. Sections 2-6 of this act shall take effect July 1, 2007.

II. Sections 16-17 shall take effect January 1, 2008, at 12:01 a.m.

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

Approved: July 16, 2007

Effective: I. Sections 2-6 shall take effect July 1, 2007.

II. Sections 16-17 shall take effect January 1, 2008 at 12:01 a.m.

III. Remainder shall take effect July 16, 2007