4/12/01 0765s

17jan02...2036h

4/25/02 3681eba

2002 SESSION

01-1044

05/10

SENATE BILL 124

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill makes the knowing disclosure of information sufficient to identify a child or parent involved in an abuse and neglect proceeding a misdemeanor.

The bill establishes a pilot project in the Grafton county court in which abuse and neglect proceedings may be opened to the public. The bill also establishes a legislative oversight committee to monitor the progress of the pilot project.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

4/12/01 0765s

17jan02...2036h

4/25/02 3681eba

01-1044

05/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Two

Be it Enacted by the Senate and House of Representatives in General Court convened:

243:1 Child Protection Act; Confidentiality; Disclosure of Information Relative to Hearing. Amend RSA 169-C:25, II to read as follows:

II. It shall be unlawful for any [party] person present during a child abuse or neglect hearing to disclose any information concerning the hearing that may identify a child or parent who is involved in the hearing without the prior permission of the court. Any person who knowingly violates this provision shall be guilty of a misdemeanor.

243:2 Abuse and Neglect Hearings in the Grafton County Court; Pilot Project.

I. A pilot project in the Grafton county court is established to assess opening hearings in child abuse and neglect cases to the public absent a finding that opening the hearing or that disclosure of some or all of the evidence would be contrary to the best interests of the child or would cause unreasonable harm to one or more of the parties.

II. Notwithstanding RSA 169-C:14, any hearing held under RSA 169-C in the court participating in the pilot project shall be open to the public unless the court makes a specific finding, upon motion of either party or sua sponte by the court, that opening the hearing or that disclosure of some or all of the evidence would be contrary to the best interests of the child or would cause unreasonable harm to one or more of the parties. The court shall then limit admittance to the hearing only to the extent required to prevent disclosure of the harmful evidence except where a child who is the subject of the proceedings attends a hearing, in which case it shall be presumed that admitting nonparties would be contrary to the best interests of the child or would cause unreasonable harm. In any event, medical and psychological reports, records, and profiles, and testimony referring to the contents of such reports, records, and profiles, shall remain non-public. Such hearing shall, whenever possible, be held in rooms not used for criminal trials.

III. The administrative judge of the district courts shall prepare a report on the findings and recommendations of the Grafton county court relative to opening hearings in child abuse and neglect cases under the terms established by the pilot project. The administrative judge of the district courts shall provide the report to the governor, the speaker of the house of representatives, the senate president, the legislative oversight committee, the senate clerk, the house clerk, and the commissioner of the department of health and human services on or before September 1, 2003.

243:3 Legislative Oversight Committee Established. There is established a legislative oversight committee to monitor the progress of the pilot project in the Grafton county court.

I. Membership and Compensation.

(a) The members of the committee shall be as follows:

(1) Three members of the house of representatives, appointed by the speaker of the house.

(2) Three members of the senate, appointed by the president of the senate.

(b) Members of the oversight committee shall receive mileage at the legislative rate when attending to the duties of the committee.

II. Duties. The legislative oversight committee shall:

(a) Establish criteria to evaluate the effectiveness of the pilot project.

(b) Determine what costs, if any, are incurred by the court as a result of the project.

(c) Assess the effectiveness of the project based on the established criteria and information gathered by the committee regarding the project's implementation.

III. Chairperson; Quorum. The members of the legislative oversight committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Four members of the committee shall constitute a quorum.

IV. Report. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the senate president, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2003.

243:4 Repeal. Section 2 of this act, relative to the pilot project in Grafton county, is repealed.

243:5 Effective Date.

I. Section 4 of this act shall take effect June 30, 2004.

(Approved: May 17, 2002)

(Effective Date: I. Section 4 of this act shall take effect June 30, 2004.