RSA 170-G:3 · Commissioner; Powers and Duties

170-G:3 Commissioner; Powers and Duties. –

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I.

[Repealed.]

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II.

There shall be an administrator for each of the bureaus of the department established by RSA 170-G:2 to administer the laws and rules relative to his respective bureau, subject to the supervision of the commissioner. The administrator of each bureau within the department shall be a full-time classified employee and shall be appointed in accordance with the rules adopted by the director of personnel.

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III.

The commissioner shall hire such other employees necessary to perform the work of the department in accordance with rules adopted by the director of personnel. The number of juvenile probation and parole officers hired shall be consistent with the workload formula established by administrative rule pursuant to RSA 541-A and available funding.

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IV.

The commissioner of health and human services may transfer appropriations and personnel of the department in accordance with state procedures and the rules of the director of personnel for the purposes of carrying out the duties of the department.

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V.

The commissioner may assign the powers and duties of the department to the individual bureaus of the department.

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VI.

The commissioner shall have authority, after consultation with the insurance department and the division of risk and benefits, and in accordance with the procedures established by the commissioner of administrative services under RSA 21-I:7-c, V, to purchase insurance coverage for the benefit of individuals providing foster care to children within the jurisdiction of the department. The amount and nature of this insurance coverage may vary in the discretion of the commissioner of administrative services.

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VII.

(a) Any amounts appropriated for foster parents' defense expenses shall be used for the following purposes:

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(1)

To pay claims made in writing to the department by foster parents who have suffered property damage which was caused by foster children placed in the claimant's care by the department to the extent that such damage is not covered by insurance coverage or other sources of indemnification and in no event to exceed $500 per claim.

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(2)

To pay claims made in writing to the department by foster parents who have suffered personal injury to themselves or other immediate family members under their care which was caused by foster children placed in the claimant's care by the department to the extent that such damage is not covered by insurance coverage or other sources of indemnification and in no event to exceed $1,000 per claim.

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(3)

To pay legal defense expenses of foster parents who are named as defendants in judicial proceedings in which liability is based in whole or in part upon the alleged negligent performance of duties or responsibilities associated with the care of a foster child placed with the defendant by the department. Only legal defense expenses shall be paid under this subparagraph, and no funds shall be available for the settlement or compromise of claims or payment of judgments, provided that in no event shall more than $10,000 be expended for the defense of any single action or group of related actions brought against a foster parent. Claims for payment of legal defense expenses shall be in writing and shall cover only expenses incurred after the claim has been approved and the attorney general has designated the legal counsel who will undertake the defense.

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(b)

No payment shall be made under subparagraph (a)(1) or (2) unless the department investigates the claim and the commissioner, or the commissioner's designee, recommends to the division of risk and benefits that the claim, or some portion of the claim, be paid. If the division of risk and benefits determines that the claim meets the requirements of this paragraph and is reasonable in amount, the commissioner of administrative services, or the commissioner's designee, shall authorize such payment.

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(c)

No payment shall be made under subparagraph (a)(3) unless the department investigates the claim and the commissioner, or the commissioner's designee determines the foster parent did not act intentionally, willfully or recklessly, and recommends to the division of risk and benefits that the claim, or some portion of the claim, be paid. If the division of risk and benefits determines that the claim meets the requirements of this subparagraph, the attorney general shall be notified and shall select a qualified attorney to provide legal representation and defense to the claimant subject to the dollar limitations of subparagraph (a)(3), the recommendations of the division of risk and benefits, and the attorney general's own experience and expertise. The commissioner of administrative services, or the commissioner's designee, shall authorize payment of such amounts as are approved by the attorney general.

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(d)

The commissioner, the commissioner of administrative services, and the attorney general shall have authority to adopt rules, pursuant to RSA 541-A, for the proper implementation of their responsibilities under this paragraph.

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VIII.

The commissioner may establish a confidential peer support program for the purpose of providing critical incident stress management and crisis intervention services for staff exposed to critical incidents and trauma through the course of their employment.

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(a)

In this section:

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(1)

"Critical incident" means any incident that has a high emotional impact on the responders, or is beyond the realm of a person's usual experience that overwhelms his or her sense of vulnerability and/or lack of control over the situation.

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(2)

"Critical incident stress" means a normal reaction to an abnormal event that has the potential to interfere with normal functioning and that results from the response to a critical incident or long-term occupational exposure to a series of critical incident responses over a period of time that are believed to be causing debilitating stress that is affecting an emergency service provider and his or her work performance or family situation. This may include, but is not limited to, physical and emotional illness, failure of usual coping mechanisms, loss of interest in the job, personality changes, or loss of ability to function.

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(3)

"Critical incident stress management" means a process of crisis intervention designed to assist employees in coping with the psychological trauma resulting from response to a critical incident.

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(4)

"Critical incident stress management and crisis intervention services" means consultation, counseling, debriefing, defusing, intervention services, management, prevention, and referral provided by a critical incident stress management team member.

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(5)

"Critical incident stress management team" or "team" means the group of one or more trained volunteers, including members of peer support groups who offer critical incident stress management and crisis intervention services following a critical incident or long term or continued, debilitating stress being experienced by employees and affecting them or their family situation.

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(6)

"Critical incident stress management team member" or "team member" means an employee, including any specially trained to provide critical incident stress management and crisis intervention services as a member of an organized team.

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(7)

"Debriefing" means a closed, confidential discussion of a critical incident relating to the feelings and perceptions of those directly involved prior to, during, and after a stressful event. It is intended to provide support, education, and an outlet for associated views and feelings. Debriefings do not provide counseling or an operational critique of the incident. (b)(1) Any information divulged to the team or a team member during the provision of critical incident stress management and crisis intervention services shall be kept confidential and shall not be disclosed to a third party or in a criminal, civil, or administrative proceeding. Records kept by critical incident stress management team members are not subject to subpoena, discovery, or introduction into evidence in a criminal, civil, or administrative action. Except as provided in subparagraph (c), no person, whether critical incident stress management team member or team leader providing or receiving critical incident stress management and crisis intervention services, shall be required to testify or divulge any information obtained solely through such crisis intervention.

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(2)

In any civil action against any individual, or the department, including the state of New Hampshire, arising out of the conduct of a member of such team, this section is not intended and shall not be admissible to establish negligence in any instance where requirements herein are higher than the standard of care that would otherwise have been applicable in such action under state law.

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(c)

A communication shall not be deemed confidential pursuant to this section if:

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(1)

The communication indicates the existence of a danger to the individual who receives critical incident stress management and crisis intervention services or to any other person or persons;

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(2)

The communication indicates the existence of past child abuse or neglect of the individual, abuse of an adult as defined by law, or family violence as defined by law; or

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(3)

The communication indicates the existence of a danger to the individual who receives critical incident stress management and crisis intervention services or to any other person or persons. Source. 1983, 416:1. 1986, 128:13, III. 1987, 402:4. 1995, 294:2; 310:175, 183. 2000, 294:10. 2006, 70:7, 8, eff. June 24, 2006. 2019, 346:20, 21, eff. July 1, 2019. 2021, 122:52, eff. July 9, 2021.

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