SB152: relative to permanency planning for delinquent children, abused and neglected children, and children in need of services.

CHAPTER 236

SB 152 – FINAL VERSION

04/12/07 1163s

06/07/07 1897eba

2007 SESSION

07-1235

09/04

SENATE BILL 152

AN ACT relative to permanency planning for delinquent children, abused and neglected children, and children in need of services.

SPONSORS: Sen. Foster, Dist 13

COMMITTEE: Health and Human Services

ANALYSIS

This bill establishes new procedures for permanency planning for delinquent children, abused and neglected children, and children in need of services.

The bill also clarifies that the review panel which reviews dispositional orders in juvenile cases is to review judicial branch family division orders as well as district court orders.

This bill was requested by the supreme court.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04/12/07 1163s

06/07/07 1897eba

07-1235

09/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT relative to permanency planning for delinquent children, abused and neglected children, and children in need of services.

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

236:1 New Paragraphs; Delinquent Children; Definitions. Amend RSA 169-B:2 by inserting after paragraph IX the following new paragraphs:

X. “Concurrent plan” means an alternate permanency plan in the event that a child cannot be safely reunified with his or her parents.

XI. “Out-of-home placement” means when a minor, as the result of a delinquent petition, is removed from a biological parent, adoptive parent, or legal guardian of the minor and placed in substitute care with someone other than a biological parent, adoptive parent, or legal guardian. Such substitute care may include placement with a custodian, guardian, relative, friend, group home, crisis home, shelter care, or a foster home.

XII. “Permanency hearing” means a court hearing for a minor in an out-of-home placement to review, modify, and/or implement the permanency plan or adopt the concurrent plan.

XIII. “Permanency plan” means a plan for a minor in an out-of-home placement that is adopted by the court and that provides for timely reunification, termination of parental rights or parental surrender when an adoption is contemplated, guardianship with a fit and willing relative or another appropriate party, or another planned permanent living arrangement.

236:2 New Section; Delinquent Children; Contrary to Welfare and Reasonable Efforts Findings. Amend RSA 169-B by inserting after section 11 the following new section:

169-B:11-a Minor’s Welfare; Findings Regarding Removal.

I. The court shall, in its first court ruling that sanctions, even temporarily, the removal of a minor from the home, determine whether continuation in the home is contrary to the minor’s welfare.

II. The court shall, within 60 days of a minor’s removal from the home, determine and issue written findings as to whether reasonable efforts were made or were not required to prevent the minor’s removal. In determining whether reasonable efforts were made to prevent the minor’s removal, the court shall consider whether services to the family have been accessible, available, and appropriate.

236:3 New Paragraph; Delinquent Children; Dispositional Hearing. Amend RSA 169-B:19 by inserting after paragraph II the following new paragraph:

II-a. When a minor is in an out-of-home placement, the court shall adopt a concurrent plan other than reunification for the minor. The other options for a permanency plan include termination of parental rights or parental surrender when an adoption is contemplated, guardianship with a fit and willing relative or another appropriate party, or another planned permanent living arrangement.

236:4 New Paragraph; Delinquent Children; Dispositional Hearing. Amend RSA 169-B:19 by inserting after paragraph VII the following new paragraph:

VIII. When a dispositional order places a minor in an out-of-home placement pursuant to RSA 169-B:19, I(e), (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.

236:5 New Section; Delinquent Children; Permanency Hearings. Amend RSA 169-C by inserting after section 31 the following new section:

169-B:31-a Permanency Hearings.

I. For a minor who enters an out-of-home placement prior to an adjudicatory finding and who is in an out-of-home placement for 12 or more months, the court shall hold and complete an initial permanency hearing within 14 months of the minor's entry into out-of-home placement or within 12 months of the court's adjudicatory finding, whichever is earlier. For a minor who enters an out-of-home placement subsequent to an adjudicatory finding and who is in an out-of-home placement for 12 or more months, the court shall hold and complete an initial permanency hearing within 12 months of the minor's entry into out-of-home placement. For a minor who is in out-of-home placement following the initial permanency hearing, the court shall hold and complete a subsequent permanency hearing within 12 months of the initial permanency hearing and every 12 months thereafter as long as the minor is in an out-of-home placement.

II. At a permanency hearing the court shall consider whether the parent or parents and the minor have met the responsibilities pursuant to the dispositional orders issued by the court. If compliance with the dispositional orders pursuant to RSA 169-B:19 is not met, the court shall adopt a permanency plan other than reunification for the minor. Other options for a permanency plan include:

(a) Termination of parental rights or parental surrender when an adoption is contemplated;

(b) Guardianship with a fit and willing relative or another appropriate party; or

(c) Another planned permanent living arrangement.

III. At a permanency hearing the court shall determine whether the department has made reasonable efforts to finalize the permanency plan that is in effect. Where reunification is the permanency plan that is in effect, the court shall consider whether services to the family have been accessible, available, and appropriate.

236:6 New Paragraph; Child Protection Act; Definitions. Amend RSA 169-C:3 by inserting after paragraph VII the following new paragraph:

VII-a. “Concurrent plan” means an alternate permanency plan in the event that a child cannot be safely reunified with his or her parents.

236:7 New Paragraph; Child Protection Act; Definitions. Amend RSA 169-C:3 by inserting after paragraph XX the following new paragraph:

XX-a. “Out-of-home placement” means the placement of a child in substitute care with someone other than the child’s biological parent or parents, adoptive parent or parents, or legal guardian.

236:8 New Paragraphs; Child Protection Act; Definitions. Amend RSA 169-C:3 by inserting after paragraph XXI-a the following new paragraphs:

XXI-b. “Permanency hearing” means a court hearing for a child in an out-of-home placement to review, modify, and/or implement the permanency plan or to adopt the concurrent plan.

XXI-c. “Permanency plan” means a plan for a child in an out-of-home placement that is adopted by the court and provides for timely reunification, termination of parental rights or parental surrender when an adoption is contemplated, guardianship with a fit and willing relative or another appropriate party, or another planned permanent living arrangement.

236:9 New Section; Child Protection Act; Child’s Welfare and Findings Regarding Removal. Amend RSA 169-C by inserting after section 6-a the following new section:

169-C:6-b Child’s Welfare and Findings Regarding Removal.

I. The court shall, in its first court ruling that sanctions, even temporarily, the removal of a child from the home, determine whether continuation in the home is contrary to the child’s welfare.

II. The court shall within 60 days of a child’s removal from the home, determine and issue written findings as to whether reasonable efforts were made or were not required to prevent the child’s removal. In determining whether reasonable efforts were made to prevent the child’s removal, the court shall consider whether services to the family have been accessible, available, and appropriate.

236:10 Child Protection Act; Issuance of Summons and Notice. Amend RSA 169-C:8, I to read as follows:

I. After a petition has been filed or an ex parte order issued, the court shall issue a summons to all persons named in the petition to be served by a law enforcement officer personally, or if personal service is not possible, at their usual place of abode. Such summons shall require the person or persons having custody or control of the child to appear personally [and bring the child], unless otherwise ordered, before the court at a time and place set for a preliminary hearing, which shall not be less than 24 hours nor more than 7 days after return of service of the petition.

236:11 Child Protection Act; Preliminary Hearing. Amend RSA 169-C:15, III(d) to read as follows:

(d) Set a date for an adjudicatory hearing to be held and completed within 30 calendar days of the filing of the petition. Upon a written finding of extraordinary circumstances, the court may continue the adjudicatory hearing to a date certain for the hearing to be held and completed and written findings issued that shall in no event exceed 60 calendar days from the filing of the petition.

236:12 Child Protection Act; Consent Order. Amend RSA 169-C:17 to read as follows:

169-C:17 Consent Order.

I. At any time after the filing of the petition and prior to an order of adjudication pursuant to [section] RSA 169-C:18, the court may [suspend the proceedings upon its own motion or upon the motion of any party, and continue the case under terms and conditions established by the parties and approved by the court] approve a written agreement entered into among or between the parties.

II. A consent order shall not be approved unless the department consents and the child and parents, guardian, or custodian are informed of the consequences of the order by the court and the court determines that the child and parents voluntarily and intelligently consent to the terms and conditions of the order. A consent order under this section may include a finding of abuse or neglect; however, a finding of abuse or neglect shall not be required except where the consent order provides for out-of-home placement of the child.

III. Where a consent order includes a finding and provides for the out-of-home placement of a child, the order shall set a date for a permanency hearing that is within 12 months of the date of the court’s approval of the consent order.

236:13 Child Protection Act; Adjudicatory Hearing. Amend RSA 169-C:18, V and V-a to read as follows:

V. If the court [determines] makes a finding that a child has been abused or neglected, the court shall order a child placing agency to make an investigation and a social study consisting of, but not limited to, the home conditions, family background, and financial assessment, school record, mental, physical and social history of the family, including sibling relationships and residences for appropriateness of preserving relationships between siblings who are separated as a result of court ordered placement, and submit it in writing to the court prior to the final disposition of the case. No disposition order shall be made by a court without first reviewing the social study [except pursuant to a voluntary consent order or when waived by all the parties]. Preliminary orders, continued pursuant to RSA 169-C:16, may be entered or modified as appropriate until the dispositional hearing.

V-a. Where an adjudicatory order includes a finding and provides for the out-of-home placement of a child, the order shall set a date for a permanency hearing that is within 12 months of the date of the adjudicatory finding.

[V-a.] V-b. The department’s dispositional report shall include:

(a) A description of efforts made by the department to avoid the need for placement and an explanation of why these efforts were unsuccessful.

(b) An explanation why the child cannot be protected from the identified problems in the home even if services are provided to the child and family.

236:14 Child Protection Act; Dispositional Hearing. Amend RSA 169-C:19, III(a) to read as follows:

III.(a) Legal custody may be transferred to a child placing agency or relative provided, however, that no child shall be placed with a relative until a written social study of the relative’s home, conducted by a child placing agency, is submitted to the court. Where a child is in an out-of-home placement, the court shall include in its order the concurrent plan for the child.

236:15 Child Protection Act; Periodic Review Hearings. RSA 169-C:24 is repealed and reenacted to read as follows:

169-C:24 Periodic Review Hearings.

I. The court shall conduct an initial review hearing within 3 months of the dispositional hearing to review the status of all dispositional orders issued under this chapter. The court may conduct additional review hearings upon its own motion or upon the request of any party at any time.

II. At a review hearing the court shall determine whether the department has made reasonable efforts to finalize the permanency plan that is in effect. Where reunification is the permanency plan that is in effect, the court shall consider whether services to the family have been accessible, available, and appropriate.

236:16 New Sections; Child Protection Act; Permanency and Post-Permanency Hearings. Amend RSA 169-C by inserting after section 24-a the following new sections:

169-C:24-b Permanency Hearings.

I. For a child that has been in an out-of-home placement for 12 or more months, the court shall hold and complete a permanency hearing within 12 months of the finding. For a child that enters an out-of-home placement subsequent to a finding, the court shall hold and complete a permanency hearing within 12 months of the date the child enters the out-of-home placement.

II. At a permanency hearing, the court shall determine whether and, if applicable, when the child will be returned to the parent or parents, pursuant to RSA 169-C:23. If the standard for return pursuant to RSA 169-C:23 is not met, the court shall identify a permanency plan other than reunification for the child. Other options for a permanency plan include:

(a) Termination of parental rights or parental surrender when an adoption is contemplated;

(b) Guardianship with a fit and willing relative or another appropriate party; or

(c) Another planned permanent living arrangement.

III. At a permanency hearing the court shall determine whether the department has made reasonable efforts to finalize the permanency plan that is in effect. Where reunification is the permanency plan that is in effect, the court shall consider whether services to the family have been accessible, available, and appropriate.

169-C:24-c Post-Permanency Hearings.

I. For a child who is in an out-of-home placement following the permanency hearing, the court shall hold and complete a post-permanency hearing within 12 months of the permanency hearing and every 12 months thereafter as long as the child remains in an out-of-home placement. The court may conduct periodic post-permanency hearings upon its motion or upon the request of any party at any time.

II. At a post-permanency hearing the court shall determine whether the department has made reasonable efforts to finalize the permanency plan that is in effect. Where reunification is the permanency plan that is in effect, the court shall consider whether the services to the family have been accessible, available, and appropriate.

236:17 Child Protection Act; Continuances. Amend RSA 169-C:26 to read as follows:

169-C:26 Continuances. Except as otherwise provided, continuances in proceedings under this chapter may be granted by the court only for good cause shown. Whenever the court grants a continuance under this section, the court shall make written findings as to the circumstances that warranted the continuance.

236:18 New Paragraphs; Children in Need of Services; Definitions. Amend RSA 169-D:2 by inserting after paragraph VIII the following new paragraphs:

IX. “Concurrent plan” means an alternate permanency plan in the event that a minor cannot be safely reunified with his or her parents.

X. “Out-of-home placement” means when a minor, as the result of a delinquent petition, is removed from a biological parent, adoptive parent, or legal guardian of the minor and placed in substitute care with someone other than a biological parent, adoptive parent, or legal guardian. Such substitute care may include placement with a custodian, guardian, relative, friend, group home, crisis home, shelter care, or a foster home.

XI. “Permanency hearing” means a court hearing for a minor in an out-of-home placement to review, modify, and/or implement the permanency plan or adopt the concurrent plan.

XII. “Permanency plan” means a plan for a minor in an out-of-home placement that is adopted by the court and that provides for timely reunification, termination of parental rights or parental surrender when an adoption is contemplated, guardianship with a fit and willing relative or another appropriate party, or another planned permanent living arrangement.

236:19 New Section; Children in Need of Services; Contrary to Welfare and Reasonable Efforts Findings. Amend RSA 169-D by inserting after section 10-a the following new section:

169-D:10-b Child’s Welfare; Findings Regarding Removal.

I. The court shall, in its first court ruling that sanctions, even temporarily, the removal of a minor from the home, determine whether continuation in the home is contrary to the minor’s welfare.

II. The court shall, within 60 days of a minor’s removal from the home, determine and issue written findings as to whether reasonable efforts were made or were not required to prevent the minor’s removal. In determining whether reasonable efforts were made to prevent the minor’s removal, the court shall consider whether services to the family have been accessible, available, and appropriate.

236:20 New Paragraphs; Children in Need of Services; Dispositional Hearing. Amend RSA 169-D:17 by inserting after paragraph II the following new paragraphs:

II-a. When a minor is in an out-of-home placement, the court shall adopt a concurrent plan other than reunification for the minor. The other options for a permanency plan include termination of parental rights or parental surrender when an adoption is contemplated, guardianship with a fit and willing relative or another appropriate party, or another planned permanent living arrangement.

II-b. When a dispositional order places a minor in an out-of-home placement pursuant to RSA 169-B:19, I (e), (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.

236:21 Children in Need of Services; Periodic Review of Disposition Required. RSA 169-D:21 is repealed and reenacted to read as follows:

169-D:21 Periodic Review of Disposition Required.

I. The court shall conduct periodic review hearings to review the disposition of a child under RSA 169-D:17. The court may review a case at any time.

II. At this hearing, the court shall determine whether the department has made reasonable efforts to finalize the permanency plan that is in effect. Where reunification is the permanency plan that is in effect, the court shall consider whether services to the family have been accessible, available, and appropriate.

236:22 New Section; Children in Need of Services; Permanency Hearings. Amend RSA 169-D by inserting after section 21 the following new section:

169-D:21-a Permanency Hearings.

I. For a child who enters an out-of-home placement prior to an adjudicatory finding and who is in an out-of-home placement for 12 or more months, the court shall hold and complete an initial permanency hearing within 14 months of the child's entry into out-of-home placement or within 12 months of the court's adjudicatory finding, whichever is earlier. For a child who enters an out-of-home placement subsequent to an adjudicatory finding and who is in an out-of-home placement for 12 or more months, the court shall hold and complete an initial permanency hearing within 12 months of the child's entry into out-of-home placement. For a child who is in out-of-home placement following the initial permanency hearing, the court shall hold and complete a subsequent permanency hearing within 12 months of the initial permanency hearing and every 12 months thereafter as long as the child is in an out-of-home placement.

II. At a permanency hearing the court shall consider whether the parent or parents and child have met the responsibilities pursuant to the dispositional orders issued by the court. If compliance with the dispositional orders pursuant to RSA 169-D:17 is not met, the court shall adopt a permanency plan other than reunification for the child. Other options for a permanency plan include:

(a) Termination of parental rights or parental surrender when an adoption is contemplated;

(b) Guardianship with a fit and willing relative or another appropriate party; or

(c) Another planned permanent living arrangement.

III. At a permanency hearing the court shall determine whether the department has made reasonable efforts to finalize the permanency plan that is in effect. Where reunification is the permanency plan that is in effect, the court shall consider whether services to the family have been accessible, available, and appropriate.

236:23 Review Panel; Judicial Branch Family Division. Amend RSA 169-G:1, I to read as follows:

I. A panel shall be established and shall be available to review dispositional orders of the district court and the judicial branch family division. The panel shall consist of one judge, appointed by the administrative judge of the district court and the administrative judge of the judicial branch family division, and 2 laypersons, one appointed by the speaker of the house of representatives and the other appointed by the senate president. In addition, there shall be appointed one alternate judge sitting in a different district court or judicial branch family division court, appointed by the administrative judge of the district court and the administrative judge of the judicial branch family division, and 2 laypersons who shall serve as alternates, one appointed by the speaker of the house and the other appointed by the senate president. No lay member of the review panel shall be a legislator or a person involved with the juvenile justice system either for pay or on a voluntary basis. The judge shall serve as panel chairperson. The term shall be for 3 years, and initial appointments to the review panel shall be as follows: one judge and one alternate judge for 3 years; one lay member and the alternate for 2 years; the other lay member and the other alternate for one year. The panel shall meet at such times and places as its business requires, as determined by the chairperson. The decision of 2 members, one of whom shall be a judge, is sufficient to determine any matter before the review panel. If the judicial member is not in agreement with the decisions of the other 2 members, the district court or judicial branch family division order shall remain in place. No judge may sit or act on a review of a dispositional order issued by such judge or another justice sitting in the same district court or judicial branch family division court. If the review to be acted on by the panel is a review of the dispositional order issued by the judge serving on the review panel or another justice sitting in the same district court or judicial branch family division court, or if it is inexpedient for a member to attend at the time for which a meeting is called, the panel chairperson shall notify one of the alternates to sit in place of the absent or disqualified member. The review panel may appoint a secretary-clerk, whose compensation shall be fixed by the review panel and paid by the state.

236:24 Review Panel; Application for Review; Judicial Branch Family Division. Amend RSA 169-G:2, I to read as follows:

I. The department of health and human services may file with the clerk of the district court or the judicial branch family division court where the dispositional order was issued an application for review of the order by the review panel. The application shall be filed within 7 days after the date of the dispositional order, but not thereafter except for good cause shown. The filing of an application for review shall stay the implementation of the dispositional order.

236:25 Review Panel; Review Procedure; Judicial Branch Family Division. Amend RSA 169-G:3, II to read as follows:

II. The review panel may require the production of any records, documents, exhibits, or other things connected with the proceedings. The district court and the judicial branch family division shall by rule establish forms for review under this chapter and may by rule make such other regulations of procedure relative to such review, consistent with law, as justice requires.

236:26 Review Panel; Records; Judicial Branch Family Division. Amend RSA 169-G:5 to read as follows:

169-G:5 Records. The secretary-clerk shall attend all sittings of the review panel; shall record all appointments to the panel, notifying the clerks of the district courts or judicial branch family division courts of such appointments; and shall record the proceedings of the panel.

236:27 Effective Date. This act shall take effect January 1, 2008.

Approved: June 25, 2007

Effective: January 1, 2008