HB 686 - AS AMENDED BY THE HOUSE
2jan02...2014h
2001 SESSION
05/09
HOUSE BILL 686
AN ACT relative to the scope of discovery in abuse and neglect cases.
SPONSORS: Rep. Mirski, Graf 12; Rep. Bickford, Straf 1; Rep. Soltani, Merr 10
COMMITTEE: Children and Family Law
This bill requires the prosecutor to provide the person against whom an abuse neglect petition has been filed with all records that are relevant and reasonably necessary to respond to the petition. The superior court may also conduct an in camera review of any documents that are withheld to determine if they are in fact relevant and reasonably necessary to respond to the petition.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
2jan02...2014h
01-1056
05/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand One
AN ACT relative to the scope of discovery in abuse and neglect cases.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Child Protection Act; Evidence; Scope of Discovery. Amend RSA 169-C:12 to read as follows:
169-C:12 Scope of Discovery and Presentation of Evidence.
I. The department or law enforcement agency shall provide the respondent against whom the abuse and neglect petition has been filed with all documents and evidence in their possession that are relevant and reasonably necessary to the response to the petition. The department or law enforcement agency shall provide a list of any documents and evidence obtained by the department or law enforcement agency in its investigation under RSA 169-C:38 that are withheld from the respondent.
II. At the respondent's request, the superior court shall expeditiously conduct an in camera review of any documents and evidence withheld under paragraph I. The court shall order the department or law enforcement agency to produce those documents and evidence, or portions thereof, that the court determines to be relevant and reasonably necessary to the respondent's case.
III. In any hearing under this chapter, the court shall not be bound by the technical rules of evidence and may admit evidence which it considers relevant and material.
2 Effective Date. This act shall take effect January 1, 2003.
LBAO
01-1056
2/26/02
HB 686 FISCAL NOTE
AN ACT relative to the scope of discovery in abuse and neglect cases.
FISCAL IMPACT:
The Department of Health and Human Services and the Administrative Office of the Courts indicated the bill, as amended by the House, (House Amendment #2001-2014h) may increase state expenditures by an indeterminable amount in FY 2003. There will be no fiscal impact on state, county and local revenue or county and local expenditures.
METHODOLOGY:
The Department of Health and Human Services stated this bill may increase the cost to the Department to prosecute abuse and neglect cases.
The Administrative Office of the Courts stated the number of discovery disputes in abuse and neglect proceedings is very small. If this continues to be the case, the fiscal impact will be small, although not negligible, because under the provisions of this bill, a new judge will have to become involved in a case pending before another court. It is impossible to estimate that cost or whether this statutory amendment will cause a significant rise in disputes in abuse and neglect cases, in which case the fiscal impact could be significant.