HB 1542-FN-LOCAL - AS INTRODUCED
2000 SESSION
04/10
HOUSE BILL 1542-FN-LOCAL
COMMITTEE: Children and Family Law
This bill establishes a parents bill of rights which codifies the right of a parent to be notified prior to any official or formal action involving their minor child and confirms the right of a parent to access to their minor child's records, documents, or other pertinent information.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
00-2113
04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand
AN ACT establishing a parents bill of rights.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Parents Bill of Rights. Amend RSA by inserting after chapter 170-H the following new chapter:
CHAPTER 170-I
170-I:1 Parents Rights Involving Minor Children.
I. Notwithstanding any provision of law to the contrary, the natural and adoptive parents of a minor child shall be informed prior to any official or formal action involving a minor child taken by any state agency, department, or official, or by any teacher, principal, or other school administrator, or by any medical provider or facility, unless a court of competent jurisdiction or the state official or medical provider involved determines that, under the circumstances, informing the parents would place the physical safety of the child in clear and immediate danger.
II. Notwithstanding any provision of law to the contrary, the natural and adoptive parents of a minor child shall have access to all records, documents, or other information regarding their child which are in the possession of any public or private entity unless a court of competent jurisdiction, after a hearing, orders such records to be sealed.
III. Notwithstanding any provision of law to the contrary, no natural or adoptive parent shall be denied the right to disclose, in whole or in part, any details pertaining to their child's situation as such details are known to the parent. No temporary or permanent order issued by a court of competent jurisdiction in a legal or equitable proceeding which prohibits a parent from disclosing the details of any part of their child's treatment shall be valid against the parent.
2 Effective Date. This act shall take effect 60 days after its passage.
LBAO
00-2113
12/17/99
HB 1542-FN-LOCAL - FISCAL NOTE
AN ACT establishing a parents bill of rights.
FISCAL IMPACT:
The Department of Health and Human Services states this bill will increase state general fund expenditures by $175,631 in FY 2001, by $158,269 in FY 2002, by $162,766 in FY 2003, and by $167,237 in FY 2004. There will be no fiscal impact on state, county and local revenue or county and local expenditures.
METHODOLOGY:
The Department states that this bill requires notification of parents before any official act involving a minor child is taken unless notification would place the child in clear and immediate danger. The Central Intake Unit receives approximately 14,000 reports per year. The Department expects parents would not be notified in 2,500 cases out of concern for the child's safety. The Department assumes parental notification for the remaining 11,500 reports would require both a telephone call and a written notice sent via certified mail. The Department also assumes that 6,500 of the reports would be for 2 parent households and require a single notice, while 5,000 would be single parent households requiring notification of both parents. The Department estimates 16,500 notices will be prepared and issued. The staff needed to collect the information and prepare and issue notices will be two Child Protective Service Workers (LG 19) and one Word Processor Operator (LG 8).
FY 2001 FY 2002 FY 2003 FY 2004
Full-time Salaries
2 Child Protective Service
Worker II (LG19)
1 Word Processor
Operator I (LG8) $ 75,543 $ 78,702 $ 82,134 $ 85,547
Benefits 23,418 24,397 25,462 26,520
Equipment (Computer,
Furniture @ $7,500 ea.) 21,500 0 0 0
Current Expense (postage,
telephone, copies) 6,000 6,000 6,000 6,000
Cost of 16,500 Written
Notices x $ 2.98 each 49,170 49,170 49,170 49,170
Total $175,631 $158,269 $162,766 $167,237