RSA 169-F:8 · Court Oversight of Children in Residential Programs

169-F:8 Court Oversight of Children in Residential Programs. –

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I.

Except in cases of emergency placement, prior to placing a child in residential treatment programs or psychiatric residential treatment programs, except in emergency situations, the court shall:

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(a)

Consider all assessments and plans for the child, including assessment of whether a residential treatment program is the most effective and appropriate level of care, in the least restrictive environment for the child, and any child-specific, short- and long-term goals for the child and the family. The assessment shall specify, in writing:

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(1)

Whether the child's needs can be met in a kin or foster family home, not primarily dependent upon availability of community resources.

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(2)

If the assessment recommends a residential treatment program:

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(A)

The specific reasons why the child's needs cannot be met in a kin or foster family home, not primarily dependent upon availability of community resources; and

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(B)

Why recommended placement in a residential treatment program is the setting that will provide the child with the most effective and appropriate level of care, in the least restrictive environment.

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(3)

How the placement is consistent with the short- and long-term goals for the child, as specified in the case plan or permanency plan for the child.

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(b)

Confirm that the school district has complied with its legal obligations to assess the educational impact of the placement, and consider the school district's input on that impact.

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(c)

Determine that the needs of the child cannot be met through placement with a parent, legal guardian, legal custodian, kin caregiver, or in a foster family home; and that placement of the child in a residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment; and that placement is consistent with the short- and long-term goals, including mental, behavioral, and physical health goals, for the child as specified in the permanency plan for the child, or as outlined in the family services plan. A shortage or lack of foster family homes as expressed by the department shall not be an acceptable primary reason for determining that the needs of the child cannot be met in a foster family home. Nonetheless, if there is no kin or licensed foster home available at the time the court is ordering placement of the child, the court may order the best available temporary placement while the department prioritizes locating a preferred placement.

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(d)

Review information relating to the facility, which may include staff-to-child ratio; staff training; program culture; therapeutic, clinical and milieu programming; educational programming; recreational programming; and, family connections, in order to ensure that the program is the most effective and appropriate level of care, in the least restrictive environment for the child, and meets the child-specific short- and long-term goals for the child and the family.

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(e)

Approve or disapprove of the placement, in a written order, containing all of the necessary findings laid out in this section.

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II.

In the case of an emergency necessitating immediate placement of a child in a residential treatment program, the department shall notify the court within 2 business days of such placement, in order for the court to make the required findings of paragraph I.

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III.

Prior to determining that a residential treatment program is the most effective and appropriate level of care, in the least restrictive environment for the child, the court shall consider any available assessments and plans, giving the greatest weight to the most recent assessment and assessments completed by a licensed psychologist or licensed neuropsychologist with specialized training in the evidence-based treatment of childhood trauma. If the court deviates from such recommendation, the court shall make specific findings of fact regarding the most effective and appropriate level of care, in the least restrictive environment for the child, and that the placement is consistent with child-specific short and long-term goals for the child and the family. When making such findings of fact, the court shall consider all relevant information, including but not limited to:

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(a)

Whether the protocol for the residential treatment program assessment was followed;

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(b)

Whether the school district is meeting the child's educational needs, based on their statutory requirements under RSA 169-B:22, RSA 169-D:18, and RSA 169-C:20;

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(c)

The strengths and specific treatment or service needs of the child and the family;

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(d)

The expected length of stay; and

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(e)

The placement preference of the child and the family.

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IV.

When a child is placed in a residential treatment program or psychiatric residential treatment program:

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(a)

The department shall notify the court promptly of such placement. (b)(1) The court shall review the placement of that child within 60 days after placement, and at every subsequent court review hearing; or

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(2)

Upon a motion by the child, the child's representative, or the child's guardian ad litem establishing reason to believe the ordered residential treatment program is not the most effective and appropriate level of care for the child in the least restrictive environment, the court shall review the placement within 30 days, and at every subsequent court review hearing.

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(c)

The court may review the placement at any time sua sponte or in response to a motion for review by any party.

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V.

As long as a child remains in a residential treatment program, the department shall submit evidence to the court and all parties, at least 5 business days prior to every regular review hearing:

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(a)

Demonstrating that:

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(1)

Ongoing assessment of the strengths and needs of the child continues to support the determination that the needs of the child cannot be met through placement with a parent, legal guardian, legal custodian, kin caregiver, or in a foster family home;

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(2)

Any recommended psychological or clinical evaluations or assessments have been completed, and if not, the status of those evaluations or assessments;

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(3)

The department has worked with the school district to assure, consistent with the best interest of the child, the child's educational stability;

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(4)

The placement in a residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment; and,

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(5)

The placement is consistent with the short- and long-term goals for the child as specified in the permanency plan for the child, or as outlined in the family services plan.

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(b)

Documenting that:

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(1)

The specific treatment or service needs that will be met for the child in the placement;

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(2)

The length of time the child is expected to need treatment or services, and the treatment basis for the determination of that length of time; and

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(3)

The specific efforts made by the division to prepare the child and prospective placement for the child's return home or to be placed with a fit and willing kin caregiver, a legal guardian, legal custodian, or an adoptive parent, or in a foster family. Source. 2024, 377:6, eff. Jan. 1, 2025.

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