The bill SB 417-FN proposes amendments to the Child Protection Act and other juvenile statutes to revise the criteria for out-of-home placement of children. It introduces a presumption in favor of in-state placements, requiring a written finding for out-of-state placements that no in-state options exist and that the out-of-state placement offers specialized services not available in-state. The bill prioritizes placing children with siblings and mandates efforts for sibling visitation if they are not placed together. It also establishes a rebuttable presumption that a parent not charged with abuse or neglect is fit to perform parental duties, subject to challenge by the state in a full hearing. The bill outlines factors for the court to consider in determining parental fitness and appropriates funds to the Department of Health and Human Services and the Judicial Branch to support these changes, including the requirement for psychological evaluations to be conducted by licensed psychologists with specialized training in childhood trauma.

Additionally, the bill sets an order of preference for out-of-home placements, emphasizing family settings over group or residential care, and requires the court to frequently review such placements with the goal of returning the child to a family setting as quickly as possible. It modifies the standard for the return of a child in placement, with parents needing to demonstrate compliance with court orders and the child's safety. The bill mandates monthly in-person visits by case workers for children in court-ordered placement, including a private meeting and a tour of the child's living quarters. It also outlines the responsibilities of the Department of Health and Human Services in conducting monthly visits to children in residential facilities and requires court approval for any placement in a residential treatment program. The bill includes appropriations for various positions within the Department of Health and Human Services and the Judicial Branch, and specifies staggered effective dates, with sections 7-11 taking effect on July 1, 2024, and the remainder on January 1, 2025.

Statutes affected:
Introduced: 169-C:19-b, 169-C:23
As Amended by the Senate: 169-C:19-b, 169-C:23
As Amended by the Senate (2nd): 169-C:19-b, 169-C:23
As Amended by the House: 169-C:19-b, 169-C:23
Version adopted by both bodies: 169-C:19-b, 169-C:23
CHAPTERED FINAL VERSION: 169-C:19-b, 169-C:23