This bill, HB 1573-FN, requires all court-ordered residential treatment programs for children to be licensed and certified by the Department of Health and Human Services (DHHS) in New Hampshire. It emphasizes the state's responsibility to ensure children in state care receive proper care, including housing, nutrition, medical and mental health care, education, and basic standards of care. The bill also states that residential facilities should be used only when clinically appropriate and for a limited time, with a focus on treatment and preparation for a less restrictive setting. It specifies that out-of-state placements must be approved by the director of the Division for Children, Youth, and Families, with a preference for keeping children within New England unless necessary. The bill appropriates $1,000,000 for fiscal year ending June 30, 2025, to DHHS for oversight of residential facilities and requires the commissioner of DHHS to submit quarterly reports on the expenditure of these funds and actions taken to enhance certification and oversight.

The bill establishes a certification team by January 2, 2025, to oversee residential treatment programs, including conducting in-person visits and reviewing records. The department must certify programs before entering into payment agreements or placing any child, and conduct monitoring visits to facilities at least twice a year, with one being unannounced. Facilities found non-compliant must submit a corrective action plan, with the possibility of immediate removal of children and revocation of certification if the plan is unsatisfactory. Savings from the department in preventing out-of-home placements are to be reallocated to services under RSA 135-F and other community-based intervention services. The bill includes a contingency for renumbering if SB 417 becomes law and is set to take effect on July 1, 2024.

Statutes affected:
Introduced: 170-E:31, 170-E:31-a, 169-C:3