CHAPTER 152

SB 337 - FINAL VERSION

2/20/02 2697s

17apr02...3029h

2002 SESSION

02-3055

05/10

SENATE BILL 337

AN ACT relative to consent orders in abuse and neglect cases.

SPONSORS: Sen. Fernald, Dist 11; Sen. Below, Dist 5

COMMITTEE: Judiciary

ANALYSIS

This bill allows the department of health and human services to enter into consent orders with people in child protection cases without a finding of abuse or neglect.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

2/20/02 2697s

17apr02...3029h

02-3055

05/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Two

AN ACT relative to consent orders in abuse and neglect cases.

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

152:1 Child Protection Act; Consent Order; Finding of Abuse and Neglect. Amend RSA 169-C:17, II to read as follows:

II. A consent order shall not be approved unless the department consents and the child and parents, guardian, or custodian are informed of the consequences of the order by the court and the court determines that the child and parents voluntarily and intelligently consent to the terms and conditions of the order. A consent order under this section may include a finding of abuse or neglect; however, a finding of abuse or neglect shall not be required except where the consent order provides for out-of-home placement of the child.

152:2 Child Protection Act; Dispositional Hearing. Amend the introductory paragraph of RSA 169-C:19 to read as follows:

169-C:19 Dispositional Hearing. The department of health and human services shall provide the court with the costs of the recommended services, placements and programs. If the court finds that a child is abused or neglected or if the court issues a consent order pursuant to RSA 169-C:17, II, the court may order the following disposition:

152:3 Effective Date. This act shall take effect January 1, 2003.

(Approved: May 15, 2002)

(Effective Date: January 1, 2003)