Bill Text: NH SB161 | 2025 | Regular Session | Introduced
Bill Title: Providing that in-state placements may include placements in New England in certain circumstances and addressing particular statutory technical defects.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced) 2025-01-23 - Introduced 01/09/2025 and Referred to Children and Family Law; Senate Journal 3 [SB161 Detail]
Download: New_Hampshire-2025-SB161-Introduced.html
SB 161 - AS INTRODUCED
2025 SESSION
25-0357
11/05
SENATE BILL 161
SPONSORS: Sen. Birdsell, Dist 19; Sen. Long, Dist 20; Sen. Carson, Dist 14
COMMITTEE: Children and Family Law
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ANALYSIS
This bill replaces references to placements for children "contracted" with the department of health and human services with placements "certified" by the department; and provides that in-state placements may include placements in New England deemed necessary and appropriate by the court.
The 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
25-0357
11/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Child Protection Act; Presumption in Favor of In-State Placements; License; Controlling State. Amend RSA 169-C:19-b to read as follows:
169-C:19-b Presumption in Favor of In-State Placements. There shall be a presumption that an in-state placement is the least restrictive and most appropriate placement. The court may order an out-of-state placement only upon an express written finding that no options for in-state placement exist and the out-of-state placement offers specialized programming or services that are unable to be provided within New Hampshire, and the placement is [contracted with the state] licensed in accordance with the laws of the state in which they operate and certified by the department. Preference shall be given to out-of-state placements that are in proximity to the child's family and/or kin, who are able to participate in family and/or reunification services. Any out-of-state placements shall be limited in time and require both increased judicial oversight and the written approval of the director of the division for children, youth and families, or designee. For purposes of this chapter, placements considered to be in-state may include placements in New England deemed necessary and appropriate by the court pursuant to RSA 169-F:8.
2 Evidence-Informed Safety Assessments. Amend RSA 169-C:19-e, I-a(g) to read as follows:
(g) The results of the department's [evidence-based] evidence-informed safety assessment of that parent, their home, and any other adults in the home. A parent's cooperation with the department's assessment, or their effort to provide any records necessary to such a determination, shall be weighed as a factor in favor of the fitness of that parent. The fact that a parent owns a firearm shall not make a home unsafe per se, nor be weighed against the parent, provided they are compliant with federal and state law, including but not limited to RSA 650-C:1.
3 Order of Preference; Controlling Law. Amend RSA 169-F:5 to read as follows:
169-F:5 Presumption in Favor of In-State Placements. There shall be a presumption that an in-state placement is the least restrictive and most appropriate placement. The court may order an out-of-state placement only upon an express written finding that no in-state options exist and that the out-of-state placement offers specialized programming or services that are unable to be provided within New Hampshire, and the placement is [contracted with the state] licensed in accordance with the laws of the state in which they operate and certified by the department. Preference shall be given to out-of-state placements that are in proximity to the child's family and/or kin, who are able to participate in family and/or reunification services. Any out-of-state placements shall be limited in time and require both increased judicial oversight and the written approval of the director of the division for children, youth and families, or designee. For purposes of this chapter, placements considered to be in-state may include placements in New England deemed necessary and appropriate by the court pursuant to RSA 169-F:8.
4 Oversight; Department Responsibilities. Amend RSA 169-F:7, II to read as follows:
II. The department shall develop, in consultation with the office of child advocate, a standard operating procedure and form for monthly visits with children conducted by the department, pursuant to [RSA 169-F:5, I] paragraph I of this section, to be completed during each monthly in-person visit.
5 Effective Date. This act shall take effect January 1, 2026.
