Bill Text: NH SB515 | 2016 | Regular Session | Chaptered
Bill Title: Relative to the child protection act.
Spectrum: Bipartisan Bill
Status: (Passed) 2016-06-22 - III. Remainder Effective 06/21/2016 [SB515 Detail]
Download: New_Hampshire-2016-SB515-Chaptered.html
CHAPTER 308
SB 515-FN - FINAL VERSION
03/10/2016 0964s
03/24/2016 1159s
20Apr2016... 1354h
11May2016... 1631h
06/01/2016 2119EBA
2016 SESSION
16-2715
05/01
SENATE BILL 515-FN
AN ACT relative to the child protection act.
SPONSORS: Sen. Reagan, Dist 17; Sen. Carson, Dist 14; Sen. Fuller Clark, Dist 21; Rep. Kotowski, Merr. 24; Rep. LeBrun, Hills. 32; Rep. MacKay, Merr. 14; Rep. J. Ward, Rock. 19; Rep. Ford, Graf. 3; Rep. Simpson, Rock. 18
COMMITTEE: Health and Human Services
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AMENDED ANALYSIS
This bill provides that evidence of a custodial parent's opioid drug abuse or dependence creates a rebuttable presumption of harm under the Child Protection Act. The bill also permits the court to order periodic alcohol or drug testing and provides that the parent may be responsible for the cost of such tests.
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/10/2016 0964s
03/24/2016 1159s
20Apr2016... 1354h
11May2016... 1631h
06/01/2016 2119EBA 16-2715
05/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT relative to the child protection act.
Be it Enacted by the Senate and House of Representatives in General Court convened:
308:1 Statement of Findings. The general court finds and declares that the state of New Hampshire is facing an epidemic regarding the misuse and abuse of opiates, including, but not limited to, heroin and fentanyl. A parent's use of these drugs can pose a substantial threat to the safety of the children living in the home. Consistent with the purposes of the child protection act, this act will help the department to insure the safety of the children living in the home, will enable the department to provide services to the parents and family to help them address their drug use so that they can safely parent their children and shall be administered to insure the preservation and unity of the family whenever possible.
308:2 New Section; Child Protection Act; Rebuttable Presumption of Harm. Amend RSA 169-C by inserting after section 12-d the following new section:
169-C:12-e Rebuttable Presumption of Harm. Evidence of a custodial parent's opioid drug abuse or opioid drug dependence, as defined in RSA 318-B:1, I or RSA 318-B:1, IX, shall create a rebuttable presumption that the child's health has suffered or is very likely to suffer serious impairment. The presumption may be rebutted by evidence of the parent's compliance with treatment for such use or dependence.
308:3 New Section; Child Protection Act; Court Ordered Alcohol and Drug Testing. Amend RSA 169-C by inserting after section 12-c the following new section:
169-C:12-d Court-Ordered Alcohol and Drug Testing. The court may order alcohol or drug testing at any stage of the proceeding where substance abuse is an ongoing issue in the case, where alcohol or drug use is a disputed issue of fact, or where there is reason to believe that alcohol or drug use may be substantially interfering with a parent's ability to adhere to the case plan. Unless otherwise ordered by the court, the frequency and type of such testing shall be at the discretion of the department.
308:4 Child Protection Act; Liability of Expenses and Hearing on Liability. Amend RSA 169-C:27, I(b) to read as follows:
(b) Subparagraph (a) shall not apply to expenses incurred for special education and related services, or to expenses incurred for evaluation, care, and treatment of the child at the New Hampshire hospital or to expenses incurred for the cost of accompanied transportation [or to expenses incurred for the cost of alcohol and drug testing].
308:5 Repeal. RSA 169-C:12-e, relative to rebuttable presumption of harm, is repealed.
I. Sections 3 and 4 of this act shall take effect July 1, 2016.
II. Section 5 of this act shall take effect July 1, 2020.
III. The remainder of this act shall take effect upon its passage.
Approved: June 21, 2016
Effective Date: I. Sections 3 and 4 shall take effect July 1, 2016
II. Section 5 shall take effect July 1, 2020
III. Remainder shall take effect June 21, 2016
