CHAPTER 164
SB 407 – FINAL VERSION
2010 SESSION
05/09
SENATE BILL 407
AN ACT relative to records maintained by the department of health and human services in abuse and neglect cases.
SPONSORS: Sen. Sgambati, Dist 4; Sen. Reynolds, Dist 2; Sen. Gilmour, Dist 12; Sen. Houde, Dist 5; Rep. Julie Brown, Straf 1; Rep. B. Richardson, Ches 5
COMMITTEE: Health and Human Services
This bill changes the statutory timeline for the destruction of abuse and neglect case records maintained by 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2728
05/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to records maintained by the department of health and human services in abuse and neglect cases.
Be it Enacted by the Senate and House of Representatives in General Court convened:
164:1 Records Management of Abuse and Neglect Reports. Amend RSA 169-C:35-a, III and IV to read as follows:
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] department closes the case, 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] foster placement records 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.]
164:2 Effective Date. This act shall take effect July 1, 2011.
Approved: June 17, 2010
Effective Date: July 1, 2011