HB497: relative to the confidentiality of records within the division of children, youth, and families.

HB 497-FN - AS INTRODUCED

2023 SESSION

23-0594

06/08

HOUSE BILL 497-FN

AN ACT relative to the confidentiality of records within the division of children, youth, and families.

SPONSORS: Rep. Hoell, Merr. 27; Rep. Kofalt, Hills. 32; Rep. Mazur, Hills. 44; Rep. Post, Hills. 42; Rep. Cushman, Hills. 28

COMMITTEE: Children and Family Law

ANALYSIS

This bill requires court approval of certain disclosures of case records based on harm to the child that may result.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

23-0594

06/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Three

AN ACT relative to the confidentiality of records within the division of children, youth, and families.

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

1 Services for Children, Youth, and Families; Record Content. Amend the introductory paragraph in RSA 170-G:8-a, II(a) to read as follows:

(a) The department shall provide access to the case records to the following persons unless the commissioner or designee [determines] petitions the court to stay the disclosure, and the court issues a ruling denying the disclosure based on findings that the harm to the child named in the case record resulting from the disclosure outweighs the need for the disclosure presented by the person requesting access:

2 Services to Children, Youth, and Families; Record Content. Amend RSA 170-G:8-a, VI(a) to read as follows:

(a) Any person who is entitled to access a case record pursuant to this section may share such information with any other person entitled to access pursuant to this section, unless the commissioner or a designee [shall specifically prohibit] petitions the court to stay the disclosure, and the court issues a ruling denying the disclosure based on findings that such additional disclosure [in order to prevent] would result in harm to a child.

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

LBA

23-0594

1/9/23

HB 497-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to the confidentiality of records within the division of children, youth, and families.

FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None

Estimated Increase / (Decrease)

STATE:

FY 2023

FY 2024

FY 2025

FY 2026

Appropriation

$0

$0

$0

$0

Revenue

$0

$0

$0

$0

Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

[ X ] General [ ] Education [ ] Highway [ ] Other

METHODOLOGY:

This bill requires the Department of Health and Human Services, Division for Children, Youth, and Families (DCYF) to petition a court for a ruling finding that access to case records would result in harm to the child. Currently, the Department need only make such a determination internally. The Department states that there will be an indeterminable cost related to the additional court filings stemming from the bill.

The Judicial Branch states this bill will require DCYF to file a petition with the court if DCYF seeks to deny access to case records, removing this function from the Department of Health and Human Services Commissioner. The Branch assumes this change will increase filings with the court, however the Branch has no information as to how many new filings would be made to determine the fiscal impact on expenditures.

AGENCIES CONTACTED:

Department of Health and Human Services and Judicial Branch