RSA 170-G:4 · Department; Powers and Duties

170-G:4 Department; Powers and Duties. – The department shall have the power and duty to:

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I.

[Repealed.]

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II.

Provide, through social workers, services for all children and youth referred to it by the probate and district courts pursuant to RSA 169-C; 170-B; 170-C; and 463 and for all children and youth who are at risk of placement with the department in connection with child abuse or neglect. II-a. Provide, through juvenile probation and parole officers, services for all children and youth referred to it by the district courts pursuant to RSA 169-B, and 169-D and for all children who are at risk of placement with the department in connection with the child's need for services or juvenile delinquency.

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III.

Develop and provide a comprehensive service plan for each child and youth who is or would be served by the department in accordance with Title IV-E of the Social Security Act. Such services may be assigned to a local provider in accordance with paragraph VI.

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IV.

Prepare and administer a comprehensive statewide service plan which addresses the needs of the state's children and youth on a geographic basis. Such plan shall include a schedule of costs for the services to be provided.

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V.

Cooperate with local programs and services for the prevention of crimes against children and youth and develop treatment options for children and youth; assist communities to develop services and placement options for children and youth; and cooperate with existing child and youth service agencies to assist communities with the development of positive child and youth policies and delinquency prevention programs. Such services, when appropriate, shall maintain the child or youth in his home and local community.

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VI.

With the approval of the commissioner of health and human services, enter into agreements with local providers to purchase their services. The bureau of planning, evaluation, research and training shall evaluate annually the programs of each provider.

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VII.

Develop and provide a coordinated program of training for providers of child or youth services and staff of the department who work with children and youth.

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VIII.

Request from any and all agencies and courts any and all information necessary and appropriate for the research and evaluation of services and programs provided for children or youth. The agencies and courts shall make such information available on forms provided by the department.

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IX.

[Repealed.]

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X.

With the approval of the commissioner of health and human services, work with other agencies to develop agreements which clarify liability for costs of services and oversee the development and implementation of binding agreements between agencies providing children or youth services.

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XI.

Make recommendations to the general court relative to legislation necessary to ensure the coordination of services for children and youth.

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XII.

Work closely with the local public schools and other appropriate agencies in planning and implementing education and training programs for children and youth.

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XIII.

Assume and administer all the responsibilities and duties of the department of health and human services relative to child welfare services provided under RSA 161:2, II and XII relative to child welfare services funded through the social services block grant; 167:43; 167:51-167:53; 169-C; 170-A; 170-B; 170-C; 170-F; and 463 and provided under Title IV-B and Title IV-E of the Social Security Act. XIII-a. To prepare and distribute the informational bulletin and materials as required under RSA 170-G:8-b.

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XIV.

In accordance with the rules adopted by the director of personnel pursuant to RSA 541-A, appoint a hearings officer or hearings officers, as necessary, to preside over such hearings as are required to comply with federal and state statutes and federal regulations or state rules.

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XV.

Certify already licensed facilities for the purpose of receiving minors who must be detained pursuant to RSA 169-B:14, or committed pursuant to RSA 169-B:19.

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XVI.

[Repealed.]

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XVII.

Establish rates for all services, placements and programs which are paid for by the department pursuant to RSA 169-B:40, 169-C:27, 169-D:29, and any services required to be provided by the department pursuant to paragraph II of this section. When educational aspects are present in any service, placement or program subject to rate-setting by the department, rates for the educational component shall be addressed jointly by the department and the department of education. Publication of rates of reimbursement shall be exempt from the provisions of RSA 541-A. XVII-a. Review annually the rates established for the purchase of services, placements and programs pursuant to paragraph XVII of this section. This annual review shall consider the effects of the established rates on current costs, quality and availability of services.

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XVIII.

Certify all providers of services, placements and programs which are paid for by the department pursuant to RSA 169-B:40, 169-C:27, 169-D:29, and any services required to be provided by the department pursuant to paragraph II of this section. Each certification issued for this purpose shall have 2 components: one based upon standards of quality and performance, and one based upon the need the state may have for such service, placement or program. When educational aspects are present in any service, placement or program subject to certification by the department, certification for the educational component shall be addressed jointly by the department and the department of education. The commissioner of the department of health and human services shall develop by rule an appeal process for providers of services, placements, and programs who have sought and been refused certification under this paragraph.

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XIX.

Implement and administer an automated case management system in compliance with federal and state system development requirements which addresses the needs of the state's children and youth.

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XX.

The department shall develop and administer an array of community-based, evidence-based, parental assistance programs that are designed to reduce child maltreatment, improve parent-child interactions, improve skills for regulating behavior and coping adaptively, and facilitate improved coordination of services and referrals, using such funds as are appropriated by the general court for this purpose. The department shall prioritize the development of these programs in public health regions with the highest need as determined by the rates of poverty, child maltreatment, and other appropriate measures of social vulnerability. The department shall develop outcome measures for the programs implemented and funded pursuant to this paragraph. On or before June 30, 2019, and each year thereafter, the department shall submit a report to the wellness and primary prevention council on the use of these funds and the outcomes they have produced. The commissioner of the department of health and human services shall adopt rules pursuant to RSA 541-A as necessary to implement this paragraph.

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XXI.

Utilize, to the fullest permissible extent, available public reimbursement for behavioral health and other services provided pursuant to this chapter and RSA 169-B, 169-C, and 169-D, in settings including the home, schools, and treatment facilities. Such reimbursement includes, but is not limited to, the federal Early and Periodic Screening, Diagnosis and Treatment Program under 42 U.S.C. section 1396d.

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XXII.

Encourage cities, towns, counties, and non-governmental organizations to develop and maintain court-approved diversion programs for juveniles. The amount to be distributed to the diversion programs shall be not more than $600,000 for the biennium ending June 30, 2021, from which the sum of $30,000 in each year of the biennium shall be reserved for newly approved programs, with the remainder divided equally among existing, approved programs that make application for such funding. The judicial branch family division shall establish requirements for court-approved diversion programs under this section and RSA 169-B:10.

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XXIII.

Ensure that division for children, youth and families (DCYF) district office nurses provide medication monitoring for children in foster care receiving psychotropic medication pursuant to current American Academy of Child and Adolescent Psychiatry (AACAP) Standards, which shall include providing relevant health education and guidance to caregivers and DCYF field staff, and that any use of medication restraint conforms with the limitations in RSA 126-U. Source. 1983, 291:1; 416:1, 38, 39. 1985, 318:12; 367:9; 379:6; 380:53. 1986, 5:3. 1987, 402:5, 37, 38. 1988, 178:2, 6. 1990, 142:1. 1992, 216:2. 1993, 247:2. 1994, 212:2. 1995, 181:23, III; 310:175, 181, 183. 2000, 294:10. 2001, 117:3. 2009, 144:31. 2010, Sp. Sess., 1:38, 80. 2011, 224:28. 2012, 247:40, III, eff. Aug. 17, 2012. 2018, 337:13, eff. July 1, 2018. 2019, 44:15, eff. Aug. 2, 2019; 346:343, 370, eff. July 1, 2019. 2021, 182:9, eff. Jan. 1, 2022.

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