SB147: relative to proceedings regarding a child in need of services (CHINS).

SB 147 – AS INTRODUCED

2007 SESSION

07-1217

05/04

SENATE BILL 147

AN ACT relative to proceedings regarding a child in need of services (CHINS).

SPONSORS: Sen. D’Allesandro, Dist 20; Sen. Downing, Dist 22

COMMITTEE: Health and Human Services

ANALYSIS

This bill amends the definition of a child in need of services to include children engaging in behavior that the court finds may place the child in danger of harming themselves or others. The bill also establishes certain responsibilities for the parents of a child in need of 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07-1217

05/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT relative to proceedings regarding a child in need of services (CHINS).

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

1 Child in Need of Services; Harmful Behavior. Amend RSA 169-D:2, IV(c) and (d) to read as follows:

(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] or

(d) Engaging in behavior that the court finds may place the child in danger of harming themselves or others; and

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

2 New Section; Child in Need of Services; Parental Responsibility. Amend RSA 169-D by inserting after section 29 the following new section:

169-D:29-a Parental Responsibility.

I. In each case brought pursuant to this chapter, on the date of the arraignment, the court shall identify the parent or parents of the minor or, in their absence, the guardian or other person charged by law with the responsibility for the welfare of the minor. Such parent or guardian shall:

(a) Personally attend and assure the attendance of the minor at all hearings of the court.

(b) Personally attend and assure the attendance of the minor at all meetings with the department of health and human services and collateral support service agencies occasioned by the action.

(c) Fully participate in all services ordered by the court including, but not limited to, substance abuse treatment, parenting classes, mediation, and community service.

(d) Pay a portion, or all, of any restitution or fines imposed by the court, when the court finds the payment by the parent to be in the interest of justice and rehabilitation.

(e) Supervise the minor's compliance with all orders of the court and conditions of release and probation including, but not limited to, curfew, school attendance, and general behavior.

II. Failure to supervise and otherwise accept responsibility as required by this section may be treated as criminal contempt of court punishable by up to a $1,000 fine and 90 days imprisonment. It shall be a defense to any such charge of contempt that the parent, guardian, or such other person or persons having custody and control of the minor made reasonable efforts to comply.

3 Effective Date. This act shall take effect 60 days after its passage.