SB 159-FN - AS INTRODUCED
2021 SESSION
21-0971
05/08
SENATE BILL 159-FN
AN ACT establishing the department of children's services and juvenile justice.
SPONSORS: Sen. Carson, Dist 14
COMMITTEE: Health and Human Services
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ANALYSIS
This bill establishes the department of children's services and juvenile justice and transfers the
powers and duties of the department of health and human services, division for children youth and
families to the new department.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
 SB 159-FN - AS INTRODUCED
21-0971
05/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT establishing the department of children's services and juvenile justice.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 1 Transfer of Functions, Powers, and Duties, from the Department of Health and Human
2 Services, Division for Children, Youth and Families to the Department of Children's Services and
3 Juvenile Justice. All the functions, powers, duties, personnel, records, property, programs,
4 operations, and funds of the department of health and human services, division for children, youth
5 and families relative to children's services and juvenile justice provided under RSA 161:2, II-IV-a,
6 161:2, XII, 161:2, XVII, 169-A, 169-B, 169-C, 169-D, 169-E, 169-F, 169-G, 170-A, 170-B, 170-C, 170-
7 E, 170-G, 170-H, 126-D, 126-G, 621, and 621-A are hereby transferred to the department of
8 children's services and juvenile justice established in this act and vested in the commissioner of that
9 department.
10 2 New Chapter; Department of Children's Services and Juvenile Justice. Amend RSA by
11 inserting after chapter 21-V the following new chapter:
12 CHAPTER 21-W
13 DEPARTMENT OF CHILDREN'S SERVCES AND JUVENILE JUSTICE
14 21-W:1 Purpose; Intent. The purpose of this chapter is to provide a unified, statewide
15 administration of programs and services for children and youth, including child protection, foster
16 care, adoption, children in need of services, juvenile justice, residential services, residential care, and
17 all related administrative functions.
18 21-W:2 Definitions. In this chapter:
19 I. "Commissioner" means the commissioner of the department of children's services and
20 juvenile justice.
21 II. "Department" means the department of children's services and juvenile justice.
22 21-W:3 Department Established; General Functions.
23 I. There is hereby established the department of children's services and juvenile justice, an
24 agency of the state, under the executive direction of a commissioner of the department of children's
25 services and juvenile justice.
26 II. The department of children's services and juvenile justice, through its officials, shall be
27 responsible for the following functions:
28 (a) Statewide administration and enforcement of programs and services for children and
29 youth. Such programs and services shall be organized into the following 4 functional areas:
30 (1) Administration support, including program certification, rate setting, rate
31 review, and quality assurance.
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1 (2) Child protection, including adoption, foster care, and child day care licensing.
2 (3) Juvenile justice and children in need of services.
3 (4) Residential services, including secure facilities and residential care programs.
4 (b) Administration and oversight of the juvenile parole board pursuant to RSA 170-H,
5 the child welfare advisory board, the interstate compact for juveniles, pursuant to RSA 169-A, the
6 interstate compact on the placement of children pursuant to RSA 170-A, and the compact for hard to
7 place children, pursuant to RSA 126-D.
8 21-W:4 Commissioner; Compensation.
9 I. The commissioner of the department of children's services and juvenile justice shall be
10 appointed by the governor, with the consent of the council, and shall serve a term of 4 years. The
11 commissioner shall be qualified to hold the position by reason of education and experience. Any
12 vacancy shall be filled for the unexpired term.
13 II. The compensation of the commissioner shall be as specified in RSA 94:1-a.
14 21-W:5 Powers and Duties of the Commissioner. In addition to the powers, duties, and
15 functions otherwise vested by law, the commissioner of the department of children's services and
16 juvenile justice shall:
17 I. Establish clear, comprehensive, and unified departmental objectives, including the
18 development and implementation of a departmental mission statement, promoting the efficient
19 statewide delivery of programs and services to children and youths.
20 II. Represent the public interest and the best interest of the children and youths served in
21 the administration of the programs and services within the department of children's services and
22 juvenile justice, and be responsible to the governor, the general court, the public, and the children
23 and youths being served through such administration.
24 III. Represent the interests of the department by serving on boards, commissions,
25 committees, and professional associations, or specify a designee.
26 IV. Have the authority, subject to the approval of the governor and council, to accept gifts,
27 contributions, and bequests of funds from individuals, foundations, corporations, institutions, and
28 other organizations for the purpose of furthering the mission of the department of children's services
29 and juvenile justice.
30 V. Have the authority to apply for, receive, and expend federal funding, grants, subsidies, or
31 other moneys on a department-wide basis.
32 VI. Have general supervision of all neglected or dependent children and see that they
33 receive suitable education, training, and support; assist in the enforcement of all laws for the
34 protection of children and investigate charges that may be brought to the department's attention,
35 and if a crime allegedly has been committed, report to the county attorney.
36 VII. Supervise all foster family homes and child placing agencies.
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1 VIII. Develop a broad range of social and related services aimed at preventing dependency
2 and family breakdown, promoting child development and child care, protecting vulnerable children
3 and enabling them to live in their own homes or foster homes rather than in institutions, assisting
4 individuals to attain and maintain self-support and strengthen family life, develop and operate
5 social service programs within the department of children's services and juvenile justice, receive and
6 distribute such federal funds which are allocated specifically to the state for day care for children
7 and adults, and purchase or contract with other agencies or individuals to provide direct grants from
8 sums appropriated for such purpose to other agencies upon submission of approvable plans within
9 the objectives of this paragraph.
10 IX. Review annually the rates established for the purchase of child day care services on
11 behalf of eligible persons. This annual review shall consider the effects of the established rates on
12 current costs, quality, and availability of services.
13 X. Adopt rules, pursuant to RSA 541-A, implementing procedures for state registry and
14 criminal background investigations of all new department staff who have regular contact with
15 children, according to the provisions of RSA 170-G:8-c.
16 XI.(a) Upon request, publicly disclose the information in subparagraphs (c)(3)-(c)(12)
17 regarding the abuse or neglect of a child, if there has been a fatality or near fatality resulting from
18 abuse or neglect of a child. Information included in subparagraphs (c)(1) and (c)(2) shall also be
19 disclosed if it is determined that such disclosure shall not be contrary to the best interests of the
20 child, the child's siblings, or other children in the household and there has been a fatality or near
21 fatality resulting from abuse or neglect of a child. In addition, the same disclosure shall be made
22 when there has been a fatality, to include suicide, or near fatality of a child under the legal
23 supervision or legal custody of the department. In determining whether disclosure will be contrary
24 to the best interests of the child, the child's siblings, or other children in the household, the
25 commissioner shall consider the privacy interests of the child and the child's family and the effects
26 which disclosure may have on efforts to reunite and provide services for the family. If the
27 commissioner determines not to release the information, the commissioner shall provide written
28 findings in support of the decision to the requestor. As used in this section, "near fatality'' means an
29 act or event that places a child in serious or critical condition as certified by a physician.
30 (b) Information may be disclosed as follows:
31 (1) Information released prior to the completion of the investigation of a report shall
32 be limited to a statement that a report is "under investigation.''
33 (2) When there has been a prior disclosure pursuant to subparagraph (b)(1),
34 information released in a case in which the report has been unfounded shall be limited to the
35 statement that "the investigation has been completed, and the report has been determined
36 unfounded.''
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1 (3) If the report has been founded, then information may be released pursuant to
2 subparagraph (c).
3 (c) For the purposes of this paragraph, the following information shall be disclosed:
4 (1) The name of the abused or neglected child, provided that the name shall not be
5 disclosed in a case of a near fatality unless the name has otherwise previously been disclosed.
6 (2) The name of the parent or other person legally responsible for the child or the
7 foster family home, group home, child care institution, or child placing agency where the child is
8 placed.
9 (3) The date of any report to the department of suspected abuse or neglect, to include
10 any prior reports on file, provided that the identity of the person making the report shall not be
11 made public.
12 (4) The statutory basis and supporting allegations of any such report, provided that
13 the identity of the person making the report shall not be made public.
14 (5) Whether any such report was referred to the department for assessment and, if
15 so, the priority assigned by the department.
16 (6) The date any such report was referred to the department for assessment.
17 (7) For each report, the date and means by which the department made contact with
18 the family regarding the assessment.
19 (8) For each report, the date and means of any collateral contact made as part of the
20 investigation provided that the identity of an individual so contacted shall not be made public.
21 (9) For each report, the date the assessment was completed.
22 (10) For each report, the fact that the department's investigation resulted in a
23 finding of either abuse or neglect and the basis for the finding.
24 (11) Identification of services and actions taken, if any, by the department regarding
25 the child named in the report and his or her family or substitute caregiver as a result of any such
26 report or reports.
27 (12) Any extraordinary or pertinent information concerning the circumstances of the
28 abuse or maltreatment of the child and the investigation of such abuse or maltreatment, where the
29 commissioner determines such disclosure is consistent with the public interest.
30 (d) Any disclosure of information pursuant to this paragraph shall be consistent with the
31 provisions of subparagraph (c). Such disclosure shall not identify or provide an identifying
32 description of the source of the report, and shall not identify the name of the abused or neglected
33 child's siblings, or any other members of the child's household, other than the subject of the report.
34 XII. Establish a quality early learning opportunity initiative which shall be available on a
35 first-come, first-served basis to families whose income is between 190 percent and 250 percent of the
36 federal poverty guidelines, and whose children are enrolled in a child care program licensed under
37 RSA 170-E, and who otherwise meet all other eligibility requirements for child care assistance. The
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1 amount of support provided to eligible families shall be calculated annually by the department and
2 shall reflect the estimated average difference between the cost of licensed child care and unlicensed
3 child care.
4 21-W:6 Rulemaking.
5 I. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the
6 administration and enforcement of the following:
7 (a) The interstate compact for juveniles under RSA 169-A.
8 (b) Delinquent children under RSA 169-B.
9 (c) Child protection under RSA 169-C.
10 (d) Children in need of services under RSA 169-D.
11 (e) Missing children under RSA 169-E.
12 (f) Court ordered placements under RSA 169-F.
13 (g) Review of dispositional orders in juvenile cases under RSA 169-G.
14 (h) The interstate compact on the placement of children under RSA 170-A.
15 (i) Adoption under RSA 170-B.
16 (j) Termination of parental rights under RSA 170-C.
17 (k) Child day care, residential care, and child-placing agencies under RSA 170-E.
18 (l) Services for children, youth, and families under RSA 170-G.
19 (m) Parole of delinquents under RSA 170-H.
20 (n) The compact for hard to place children under RSA 126-D.
21 (o) Family support services under RSA 126-G.
22 (p) Educationally disabled children at the youth development center, the state prisons,
23 county correctional facilities, and the youth services center under RSA 186-C:19-a.
24 (q) Special education programs of the youth services center under RSA 186-C:20.
25 (r) The youth development center under RSA 621.
26 (s) The youth services center under RSA 621-A.
27 II. Upon the abolition of each agency, department, division, bureau, or other administrative
28 unit whose functions, powers, and duties are transferred in accordance with this chapter, the
29 existing rules of such agency, department, division, bureau, or other administrative unit shall
30 continue in full effect, without interruption, as the rules of the department of children's services and
31 juvenile justice. Rules so continued shall be effective for the remainder of the period established
32 under RSA 541-A:17, II.
33 III. The commissioner shall send copies of all rules proposed under this section to the
34 chairperson of the house children and family law committee and the chairperson of the senate health
35 and human services committee, or their successor committees, for review.
36 3 Transfer of Authority from the Department of Health and Human Services, Division for
37 Children, Youth and Families to the Department for Children's Services and Juvenile Justice.
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1 I. The department of health and human services, division for children, youth and families is
2 hereby abolished and all of the functions, powers, and duties, and responsibilities of the division and
3 the officials of that division, are hereby transferred to the department of children's services and
4 juvenile justice established in section 2 of this act.
5 II. The transfer provided for in paragraph I of this section shall include all of the personnel,
6 books, papers, records, equipment, unexpended appropriations or other funds, actions, and other
7 property or obligations of any kin