SB125: relative to parental reimbursement for voluntary services provided under the child in need of services (CHINS) program.

CHAPTER 196

SB 125-FN - FINAL VERSION

2019 SESSION

19-0928

05/01

SENATE BILL 125-FN

AN ACT relative to parental reimbursement for voluntary services provided under the child in need of services (CHINS) program.

SPONSORS: Sen. Bradley, Dist 3; Sen. Birdsell, Dist 19; Sen. Carson, Dist 14; Sen. D'Allesandro, Dist 20; Sen. Dietsch, Dist 9; Sen. Feltes, Dist 15; Sen. Fuller Clark, Dist 21; Sen. Gray, Dist 6; Sen. Hennessey, Dist 5; Sen. Kahn, Dist 10; Sen. Morgan, Dist 23; Sen. Rosenwald, Dist 13; Sen. Ward, Dist 8; Sen. Watters, Dist 4; Rep. Berrien, Rock. 18; Rep. Rice, Hills. 37

COMMITTEE: Judiciary

ANALYSIS

This bill provides that parental reimbursement shall not be required for voluntary services provided under the CHINS program.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-0928

05/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nineteen

AN ACT relative to parental reimbursement for voluntary services provided under the child in need of services (CHINS) program.

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

196:1 Children in Need of Services; Petition. Amend RSA 169-D:5, I-a to read as follows:

I-a. The petition shall be in writing and verified under oath. The following notice shall be printed on the front of the petition in bold in no smaller than 14 point font size: "See back for important information and financial obligations." The back of the petition shall include a notice of liability for parents and other individuals chargeable by law for the child's support and necessities, which shall state: "In accordance with RSA 169-D:29, parents and others chargeable by law for the child's support and necessities are required to reimburse the state for the cost of [voluntary or] court ordered services. The amount that you will be required to reimburse the state will be based on your ability to pay. You have a right, upon written request, to receive a statement from the department of the cost of services incurred in the case to date. Upon our receipt of notice of a proposed service or placement, you must contact your insurance carrier within 48 hours to see if coverage is available to pay for the proposed service or placement and notify the department of the results. If insurance coverage is available, you must cooperate with your insurance carrier and comply with their requirements for direct payment to the provider."

196:2 New Paragraph; Children in Need of Services; Pre-adjudicatory Procedure. Amend RSA 169-D:9 by inserting after paragraph X the following new paragraph:

XI. The cost for any services, placement, or programs provided pursuant to a voluntary family service plan under this section shall not be subject to parental reimbursement under RSA 169-D:29.

196:3 Children in Need of Services; Liability for Expenses. Amend RSA 169-D:29, I(a) to read as follows:

I.(a)(1) When an order creating liability for expenses is issued by the court under this chapter [or when a voluntary service plan is developed and provided for a minor and the minor's family by the department], any expenses incurred for services, placements, and programs the providers of which are certified pursuant to RSA 170-G:4, XVIII, shall be payable by the department of health and human services.

(2) When an order creating liability for expenses is issued by the court under this chapter [or when a voluntary service plan is developed and provided for a minor], any expenses incurred for approved diversion services shall be paid by the parent or guardian.

196:4 Children in Need of Services; Petition; Reference to Voluntary Family Services Plan Clarified. Amend RSA 169-D:5, II-a to read as follows:

II-a. Any petition filed shall include language demonstrating whether appropriate voluntary services have been attempted, the nature of voluntary services attempted, and the reason court compulsion is necessary. The petition also shall include information regarding the department's determination as to whether voluntary services are appropriate for the child or family under RSA 169-D:5-c. Refusal of the child to participate in the development of a voluntary family services plan may constitute sufficient information that voluntary service and support options have been unsuccessful.

196:5 Children in Need of Services; Pre-adjudicatory Procedure; Reference to Voluntary Family Services Plan Clarified. Amend RSA 169-D:9, IV-VI to read as follows:

IV. A voluntary family services plan shall set forth in writing the terms and conditions agreed to by the child, the child's caretaker, and all parties responsible for implementation of the voluntary family services plan. A written copy of the plan shall be submitted to each party or person responsible for implementation of the plan.

V. A voluntary family services plan may be amended by agreement of the parties at any time. If a petition has been filed, the amended plan shall be submitted to the court.

VI. If a petition has been filed and the department determines voluntary services are appropriate, a voluntary family services plan shall be submitted to the court. The voluntary family services plan shall stay the proceedings for a period not to exceed 90 days from the date of implementation, unless the parties agree, in writing, to an extension for additional periods not to exceed 90 days.

196:6 Effective Date. This act shall take effect 60 days after its passage.

Approved: July 10, 2019

Effective Date: September 08, 2019