HB 502-FN-A-LOCAL – AS INTRODUCED

2007 SESSION

07-0930

08/04

HOUSE BILL 502-FN-A-LOCAL

AN ACT allowing foster families to receive subsidies for foster children attending postsecondary educational facilities and establishing a scholarship fund for foster children.

SPONSORS: Rep. Blanchard, Merr 10; Rep. Gargasz, Hills 5; Rep. French, Merr 5

COMMITTEE: Children and Family Law

ANALYSIS

This bill requires the commissioner of the department of health and human services to adopt rules authorizing continuing foster care and support services to youths in state-supervised foster care when they reach majority while they are enrolled in a postsecondary educational program.

This bill also establishes a foster care scholarship endowment for foster children.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07-0930

08/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT allowing foster families to receive subsidies for foster children attending postsecondary educational facilities and establishing a scholarship fund for foster children.

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

1 New Paragraph; Department of Health and Human Services; Extension of Foster Care Services. Amend RSA 126-A:5 by inserting after paragraph XII the following new paragraph:

XIII. The commissioner shall adopt rules, in accordance with RSA 541-A, authorizing continuing foster care and support services to youths who are in state-supervised foster care on their eighteenth birthday provided such youths are enrolled in a postsecondary educational program and retain a grade point average of at least 2.0 on a 4.0 scale, or its equivalent in such a program.

2 Report and Recommendations. The commissioner shall study the state of Washington program that extends foster care and support services to youths who are in state-supervised foster care on their eighteenth birthday provided such youths are enrolled in a postsecondary educational program and retain a grade point average of at least 2.0 on a 4.0 scale, or its equivalent in such a program. The commissioner shall make a report and recommendations concerning the feasibility of implementing such a program in New Hampshire to the appropriate house and senate committees by November 1, 2007.

3 New Subdivision; Foster Care Scholarship Endowment Program. Amend RSA 188-D by inserting after section 42 the following new subdivision:

Foster Care Scholarship Endowment Program

188-D:43 Findings and Purpose. The general court finds that children who grow up in the foster care system face many financial challenges. The general court also finds that these financial challenges can discourage or prevent these children from pursuing a higher education. The general court further finds that access to a higher education will give children who are in foster care hope for the future. Moreover, the general court finds that financial assistance will help these children become successful, productive, contributing citizens and avoid cycles of abuse, poverty, violence, and delinquency.

188-D:44 Definitions. In this subdivision:

I. “Eligible institution” means a public college or university in the state of New Hampshire that is eligible to participate in Title IV financial aid programs as determined by the Higher Education Act of 1965, as amended.

II. “Eligible student” means a student who:

(a) Is between the ages of 16 and 23;

(b) Has been in foster care in the state of New Hampshire for a minimum of 6 months since his or her fourteenth birthday;

(c) Has entered or will enter an eligible institution in New Hampshire within 3 years of high school graduation or successful completion of a general education diploma (GED); and

(d) Is making satisfactory progress towards the completion of a degree or certificate program according to standards set by the federal government for continued eligibility for financial assistance under the provisions of Title IV of the Higher Education Act of 1965, as amended.

188-D:45 Foster Care Scholarship Endowment Program Established; Administration.

I. There is hereby established a foster care scholarship endowment program in the postsecondary education commission to provide grants for eligible foster children attending an eligible institution.

II. The department of health and human services shall determine the eligibility of an individual student under 188-D:44, II and provide a list of all eligible students to the postsecondary education commission.

III. The postsecondary education commission shall adopt rules, pursuant to RSA 541-A, necessary to administer the program.

188-D:46 Foster Care Scholarship Endowment Fund Established.

I. There is hereby established a foster care scholarship endowment fund in the office of the state treasurer. The fund shall be nonlapsing and continually appropriated to the postsecondary education commission for the purposes established in this subdivision. The fund shall be administered by the postsecondary education commission.

II. Eligible institutions shall establish a separate endowment fund for the deposit of private contributions and gifts for the purposes of the program. Gifts or contributions may come from any source, including, but not limited to, private individuals, corporations, trusts, or foundations.

188-D:47 Grants.

I. Each private gift or contribution made shall be matched by state funds.

II. Eligible institutions shall maintain an accounting of all gifts and contributions made to the program, and shall forward a report of such accounting to the postsecondary education commission no later than May 1 of each fiscal year.

III. On or before June 30 of each fiscal year, the postsecondary education commission shall distribute matching funds to eligible institutions based on documented gifts and contributions received during the preceding 12 months. State matching funds shall be deposited into the endowment fund established at each eligible institution or the eligible institution's foundation.

IV. Grant awards shall be made on the basis of need. Grants shall not exceed the cost of attendance less any other scholarships or grants. Grant awards shall only be conferred upon verification of high school graduation or attainment of a GED along with the criteria set forth in this chapter.

V. If the state matching funds are insufficient to meet the grant amounts required under paragraph I of this section, grants shall be calculated and disbursed according to a percentage derived by dividing the actual state matching funds appropriated by the amount of state funds necessary to meet full matching grant amounts.

188-D:48 Investment of State Matching Funds. An eligible institution shall invest all funds in the endowment fund provided that:

I. All earnings including interest, dividends, equity appreciation, and any other form of increased value shall be reinvested in the endowment fund or distributed to eligible students.

II. The historic dollar value of the endowment fund as defined in RSA 292-B:1-a, V shall not be invaded, transferred, or used for any purpose other than as provided in this chapter.

III. The funds are invested consistent with the provisions of RSA 292-B.

4 New Subparagraph; Foster Care Scholarship Endowment Fund. Amend RSA 6:12, II(b) by inserting after subparagraph (252) the following new subparagraph:

(253) Moneys deposited in the foster care scholarship endowment fund established by RSA 188-D:46.

5 Effective Date. This act shall take effect July 1, 2007.

LBAO

07-0930

01/25/07

502-FN-A-LOCAL - FISCAL NOTE

AN ACT relative to allowing foster families to receive subsidies for foster children attending postsecondary educational facilities and establishing a scholarship fund for foster children.

FISCAL IMPACT: