CHAPTER 162

SB 408 - FINAL VERSION

2/20/02 2695s

17apr02...3086h

2002 SESSION

02-3159

05/10

SENATE BILL 408

AN ACT governing records management of abuse or neglect reports.

SPONSORS: Sen. Gordon, Dist 2; Sen. McCarley, Dist 6; Rep. Arnold, Hills 20; Rep. McHugh, Hills 26; Rep. Gile, Merr 16

COMMITTEE: Judiciary

ANALYSIS

This bill requires the department of health and human services to delete or destroy all records of screened-out abuse and neglect reports after one year, of unfounded reports after 3 years and founded reports after 7 years.

This bill is a result of the committee established pursuant to 2001, 99 (SB 123).

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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 2695s

17apr02...3086h

02-3159

05/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Two

AN ACT governing records management of abuse or neglect reports.

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

162:1 New Section; Child Protection Act; Reporting Law; Records Management of Abuse and Neglect Reports. Amend RSA 169-C by inserting after section 35 the following new section:

169-C:35-a Records Management of Abuse and Neglect Reports.

I. The department shall retain a screened-out report for one year from the date that the report was screened-out, after which time, the department shall delete or destroy all electronic and paper records of the report. In this section, a "screened-out report" is one which the department has determined does not rise to the level of a credible report of abuse or neglect and is not referred for assessment.

II. The department shall retain an unfounded report for 3 years from the date that the department determined the case to be unfounded, after which time, the department shall delete or destroy all electronic and paper records of the report.

III. The department shall retain a founded report for 7 years from the date that the petitionee has exhausted or failed to exercise his or her due process right to appeal the department's determination to found the report, after which time, the department shall delete or destroy all electronic and paper records of the report.

IV. The provisions of paragraph III, which relate to the destruction of the records of founded reports, shall not apply to cases that remain open with the department in excess of 7 years or to adoption records. Upon the closure of a case which has remained open with the department in excess of 7 years, the department shall delete or destroy all electronic and paper records of the report.

V. Nothing in this section shall prevent the department from retaining generic, non-identifying information which is required for state and federal reporting and management purposes.

162:2 Effective Date. This act shall take effect 180 days after its passage.

(Approved: May 15, 2002)

(Effective Date: November 11, 2002)