CHAPTER 213

HB 1289 – FINAL VERSION

05Mar2008… 0118h

2008 SESSION

08-2227

05/04

HOUSE BILL 1289

AN ACT relative to court-ordered placements for a child in need of services and relative to permanency hearings in juvenile cases.

SPONSORS: Rep. Gile, Merr 10; Rep. Moran, Hills 18; Rep. Blanchard, Merr 10

COMMITTEE: Children and Family Law

AMENDED ANALYSIS

This bill:

I. Provides that children in need of services who are found in contempt of court may be placed in home detention or in a shelter care facility. The bill removes the option in current law for placement at the youth development center in such cases.

II. Provides that if the parent or parent and minor have not complied with the dispositional order in a delinquency case or child in need of services case, the court may adopt a permanency plan other than reunification for the minor.

This bill is a request of the department of health and human services.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05Mar2008… 0118h

08-2227

05/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT relative to court-ordered placements for a child in need of services and relative to permanency hearings in juvenile cases.

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

213:1 Children in Need of Services; Dispositional Hearing. Amend RSA 169-D:17, V(c) to read as follows:

(c) A child found guilty of contempt may be immediately detained in home detention or placed in a shelter care facility [certified for detention, or remanded to the youth development center provided that: (1) any order for home detention shall be subject to the written consent of the parents to the terms and conditions established by the court; (2) such child shall be placed in a facility certified by the commissioner of the department of health and human services, as one in which the child shall not come in contact with minors charged or adjudicated as delinquent; (3) such child shall be afforded the services made available to delinquents; and (4) the facility not be one used for solitary confinement].

213:2 Children in Need of Services; Permanency Hearings. Amend the introductory paragraph of RSA 169-D:21-a, II to read as follows:

II. At a permanency hearing the court shall consider whether the parent or parents and child have met the responsibilities pursuant to the dispositional orders issued by the court. If compliance with the dispositional orders pursuant to RSA 169-D:17 is not met, the court [shall] may adopt a permanency plan other than reunification for the child. Other options for a permanency plan include:

213:3 Delinquency Hearing; Permanency Hearings. Amend the introductory paragraph of RSA 169-B:31-a, II to read as follows:

II. At a permanency hearing the court shall consider whether the parent or parents and the minor have met the responsibilities pursuant to the dispositional orders issued by the court. If compliance with the dispositional orders pursuant to RSA 169-B:19 is not met, the court [shall] may adopt a permanency plan other than reunification for the minor. Other options for a permanency plan include:

213:4 Effective Date. This act shall take effect 60 days after its passage.

Approved: June 16, 2008

Effective Date: August 15, 2008