HB 200-FN-LOCAL - AS INTRODUCED
1999 SESSION
HOUSE BILL 200-FN-LOCAL
AN ACT relative to restructuring the juvenile justice system in New Hampshire.
SPONSORS: Rep. Lozeau, Hills 30; Rep. Knowles, Straf 11; Rep. Tholl, Coos 5; Rep. Mock, Carr 3; Sen. Hollingworth, Dist 23; Sen. Squires, Dist 12
COMMITTEE: Children and Family Law
This bill creates the department of children's services and juvenile justice as a separate executive agency of state government responsible for the general supervision and enforcement of all programs and services for children and youths. The bill also transfers all functions, powers, duties, and personnel for such supervision and enforcement from the departments of health and human services and youth development services to the department of children's services and juvenile justice.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
99-0032
04/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord One Thousand Nine Hundred and Ninety-Nine
AN ACT relative to restructuring the juvenile justice system in New Hampshire.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Transfer of Functions, Powers, Duties, etc., from the Department of Health and Human Services and the Department of Youth Development Services to the Department of Children's Services and Juvenile Justice. All the functions, powers, duties, personnel, records, property, programs, operations, and funds of the department of health and human services and the department of youth development services relative to children's services and juvenile justice provided under RSA 161:2, II-IV, 161:2, XII, 161:2, XVII, 169-A, 169-B, 169-C, 169-D, 169-E, 169-F, 169-G, 170-A, 170-B, 170-C, 170-E, 170-F, 170-G, 170-H, 621, and 621-A are hereby transferred to the department of children's services and juvenile justice established in this act and vested in the commissioner of said department.
2 New Chapter; Department of Children's Services and Juvenile Justice. Amend RSA by inserting after chapter 21-P the following new chapter:
CHAPTER 21-Q
DEPARTMENT OF CHILDREN'S SERVICES AND JUVENILE JUSTICE
21-Q:1 Purpose; Intent. The purpose of this chapter is to provide a unified, statewide administration of programs and services for children and youth, including child protection, foster care, adoption, children in need of services, juvenile justice, residential services, residential care, and all related administrative functions.
21-Q:2 Department Established; General Functions.
I. There is hereby established the department of children's services and juvenile justice, an agency of the state, under the executive direction of a commissioner of the department of children's services and juvenile justice.
II. The department of children's services and juvenile justice, through its officials, shall be responsible for the following functions:
(a) Statewide administration and enforcement of programs and services for children and youths. Such programs and services shall be organized into the following 4 functional areas:
(1) Administration support, including program certification, rate setting, rate review, and quality assurance.
(2) Child protection, including adoption, foster care, and child day care licensing.
(3) Juvenile justice and children in need of services.
(4) Residential services, including secure facilities and residential care programs.
(b) Administration and oversight of the juvenile parole board pursuant to RSA 170-H, the child welfare advisory board, the interstate compact on juveniles, pursuant to RSA 169-A, the interstate compact on the placement of children pursuant to RSA 170-A, the state advisory group, and the positions of juvenile justice specialist and jail compliance monitor, which shall be established in the department.
21-Q:3 Commissioner; Compensation.
I. The commissioner of the department of children's services and juvenile justice shall be appointed by the governor, with the consent of the council, and shall serve a term of 4 years. The commissioner shall be qualified to hold said position by reason of education and experience. Any vacancy shall be filled for the unexpired term.
II. The compensation of the commissioner shall be as specified in RSA 94:1-a.
21-Q:4 Powers and Duties of the Commissioner. In addition to the powers, duties, and functions otherwise vested by law, the commissioner of the department of children's services and juvenile justice shall:
I. Establish clear, comprehensive, and unified departmental objectives, including the development and implementation of a departmental mission statement, promoting the efficient statewide delivery of programs and services to children and youths.
II. Represent the public interest and the best interest of the children and youths served in the administration of the programs and services within the department of children's services and juvenile justice, and be responsible to the governor, the general court, the public, and the children and youths being served through such administration.
III. Represent the interests of the department by serving on boards, commissions, committees, and professional associations, or specify a designee.
IV. Have the authority, subject to the approval of the governor and council, to accept gifts, contributions, and bequests of funds from individuals, foundations, corporations, institutions, and other organizations for the purpose of furthering the mission of the department of children's services and juvenile justice.
V. Have the authority to apply for, receive, and expend federal funding, grants, subsidies, or other moneys on a department-wide basis.
VI. Have general supervision of all neglected or dependent children and see that they receive suitable education, training, and support; assist in the enforcement of all laws for the protection of children and investigate charges that may be brought to their attention, and if a crime allegedly has been committed, report to the county attorney.
VII. Supervise all foster family homes and child placing agencies.
VIII. Develop a broad range of social and related services aimed at preventing dependency and family breakdown, promoting child development and child care, protecting vulnerable children and enabling them to live in their own homes or foster homes rather than in institutions, assisting individuals to attain and maintain self-support and strengthen family life, develop and operate social service programs within the department of children's services and juvenile justice, receive and distribute such federal funds which are allocated specifically to the state for day care for children and adults, and purchase or contract with other agencies or individuals to provide direct grants from sums appropriated for such purpose to other agencies upon submission of approvable plans within the objectives of this paragraph.
IX. Review annually the rates established for the purchase of child day care services on behalf of eligible persons. This annual review shall consider the effects of the established rates on current costs, quality and availability of services.
X. Provide direct oversight and departmental support to the positions of juvenile justice specialist and jail compliance monitor to facilitate compliance with the Juvenile Justice and Delinquency Prevention Act of 1974, as amended.
XI. Establish and maintain its principal office on the state campus for juveniles located at South River Road in the city of Manchester, and other offices within the state as may be deemed necessary.
21-Q:5 Rulemaking.
I. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the administration and enforcement of the following:
(a) The interstate compact on juveniles under RSA 169-A.
(b) Delinquent children under RSA 169-B.
(c) Child protection under RSA 169-C.
(d) Children in need of services under RSA 169-D.
(e) Missing children under RSA 169-E.
(f) Court ordered placements under RSA 169-F.
(g) Review of dispositional orders in juvenile cases under RSA 169-G.
(h) The interstate compact on the placement of children under RSA 170-A.
(i) Adoption under RSA 170-B.
(j) Termination of parental rights under RSA 170-C.
(k) Child day care, residential care, and child-placing agencies under RSA 170-E.
(l) Adoptive care act under RSA 170-F.
(m) Services for children, youth, and families under RSA 170-G.
(n) Parole of delinquents under RSA 170-H.
(o) Educationally disabled children at the youth development center, the state prisons, county correctional facilities, and the youth services center under RSA 186-C:19-a.
(p) Special education programs of the youth services center under RSA 186-C:20.
(q) The youth development center under RSA 621.
(r) The youth services center under RSA 621-A; and
(s) Guidelines and procedures to facilitate the statewide standardization, collection, and distribution of all juvenile justice data.
II. Upon the abolition of each agency, department, division, bureau, or other administrative unit whose functions, powers, and duties are transferred in accordance with this chapter, the existing rules of such agency, department, division, bureau, or other administrative unit shall continue in full effect, without interruption, as the rules of the department of children's services and juvenile justice. Rules so continued shall be effective for the remainder of the period established under RSA 541-A:17, II.
III. The commissioner shall send copies of all rules proposed under this section to the chairperson of the house children and family law committee and the chairperson of the senate public institutions, health and human services committee for review.
21-Q:6 Legislative Oversight Committee; Establishment; Organization.
I. There shall be established an oversight committee on children's services and juvenile justice consisting of 7 members as follows:
(a) Four members of the house of representatives, appointed by the speaker of the house.
(b) Three members of the senate, appointed by the president of the senate.
II. Membership on the oversight committee shall be for the biennium and shall be coterminous with membership in the general court. Committee members shall receive mileage at the legislative rate while attending to the duties of the oversight committee.
III. The oversight committee shall have a chairperson who shall be chosen by a vote from among the committee membership. The chairperson's term of office shall be for the biennium. The committee shall have a clerk who shall be chosen by a vote of the committee membership. The clerk's term of office shall be for the biennium. The committee shall establish a meeting schedule necessary for the performance of its duties.
21-Q:7 Duties of Oversight Committee.
I. The committee shall review all state statutes relating to the rulemaking authority of the commissioner of the department of children's services and juvenile justice and recommend any changes which the committee deems advisable.
II. The commissioner of the department of children's services and juvenile justice shall make quarterly reports to the oversight committee containing statistical analysis on the use of RSA 169-B, RSA 169-C, RSA 169-D and voluntary service programs. Such reports shall include, but not be limited to, the costs including transaction costs incurred for services, programs and placements provided, parental reimbursements collected, the number of out-of-state placements, the costs and duration of such placements, the grounds given for such placements, and the court issuing the placement order. The reports shall include a comparison of such statistics with the same statistics from the same quarter of the prior 2 fiscal years. The reports shall also include the number of appeals taken to the review panel by the department and the results thereof. The first report shall be due November 1, 2000.
3 Compensation of Certain State Officers. Amend RSA 94:1-a, I as follows:
I. Delete in Group O:
Commissioner, department of youth development services.
II. Insert in Group P:
Commissioner, department of children's services and juvenile justice.
4 Department of Health and Human Services; Educational Expenses; Liability Amended. Amend RSA 126-A:39, II to read as follows:
II. Rates for private providers of special education services shall be set as provided in RSA 186-C:7, III, by the departments of [health and human services] children's services and juvenile justice, education, and administrative services.
5 Department of Health and Human Services; Child Welfare Services Amended. Amend RSA 161:2, II to read as follows:
II. CHILD WELFARE SERVICES. Develop and administer state responsibilities for child welfare, and may administer directly such child welfare activities. Child welfare activities shall include: [Protection and care of homeless, dependent and neglected children, and children in danger of becoming delinquent; cooperation with any court and with state and other institutions for children, including investigation and follow-up services; services and care of children in foster homes; and all other child welfare activities authorized by law;] administration and enforcement of child support as defined in this section, administration of federal and state family support and assistance programs pursuant to RSA 167, and assistance to developmentally disabled children pursuant to RSA 171-A, provided, however, that nothing in this chapter or RSA 167 shall be construed as authorizing any public official, agent, or representative, in carrying out any of the provisions of this chapter or RSA 167 to take charge of any child over the objection of either of the parents of such child, or of the person standing in loco parentis to such child, except pursuant to a proper court order.
6 Department of Health and Human Services; Rulemaking Authority Amended. Amend RSA 161:4-a, I to read as follows:
I. The development, administration and supervision of child welfare services by the department of health and human services [under] as defined in RSA 161:2, II.
7 Parole of Delinquents; Purpose of Juvenile Parole Amended. Amend RSA 170-H:1 to read as follows:
170-H:1 Purpose of Juvenile Parole. It is the intent of the general court that the juvenile parole system provide a means of rehabilitating delinquents who have been committed to the custody of the [administrator of the department of youth development services] department of children's services and juvenile justice, without continued incarceration. It is also the intent of the general court that the juvenile parole board and the department of [youth development services] children's services and juvenile justice, when administering this system, demonstrate recognition of the need to protect the public from criminal acts by juvenile parolees.
8 Special Education; Interagency Agreement for Special Education; Reference Amended. Amend RSA 186-C:7-a, IV to read as follows:
IV. The commissioners of education and [health and human services] children's services and juvenile justice shall submit a copy of the initial interagency agreement for special education to the appropriate standing committees of each house of the general court on or before September 1, 1985, and shall submit a revision to the agreement no later than January 1, 1999. Any subsequent proposed amendments or revisions to the agreement shall be submitted to the appropriate standing committees of the house and senate.
9 Reference Changes. Amend the following RSA provisions by replacing "department of youth development services" with "department of children's services and juvenile justice": RSA 169-B:19, I (j) and VI; 169-D:17, I (c) and V; 170-H:2, V-a; 186-C:3-b, II (o); 621:1, II; 621:3, II-a and V-a; and 621:8.
10 Reference Changes. Amend the following RSA provisions by replacing "commissioner of health and human services" or "commissioner of the department of health and human services" with "commissioner of the department of children's services and juvenile justice": RSA 169-B:20; 169-D:18-a, I; 170-G:1, V; 170-G:3, IV; 170-G:4, VI, X, and XVII; 170-G:4-a, I; 170-G:5; and 186-C:7-a, I.
11 Reference Changes. Amend the following RSA provisions by replacing "department of health and human services" with "department of children's services and juvenile justice": RSA 169-B:2, II; 169-B:5-a; 169-B:6-a; 169-B:11, III; 169-B:14, I(e); 169-B:15-a; 169-B:16, III; 169-B:19, I, III-a(a), III-a (c), and VI; 169-B:20; 169-B:32; 169-B:40, I(a) and V; 169-C:3, XII; the introductory paragraph of 169-C:3-a; 169-C:8-a; 169-C:12-b; 169-C:16, III; the introductory paragraph of 169-C:19; 169-C:27, I(a) and V; the section heading of 169-C:34; 169-C:39-a, II; 169-C:39-d, I(e), I(f) and II; 169-D:4-a; 169-D:5-a; 169-D:14, III; 169-D:17, I; 169-D:18-a, I; 169-D:29, I(a) and V; 169-E:3, III and IV; 170-A:3; 170-A:4; 170-A:6, I; 170-B:2, V and X; 170-B:5, I(f); 170-B:8, V; 170-B:13, I; 170-B:14, I, II and IV; 170-B:15, III(b) and III-a; 170-B:18, I; 170-B:23; 170-B:25; 170-C:2, VII; 170-C:9, I; 170-C:11, II, IV and VI; 170-C:13; 170-E:2, IV(h), V and VII; the introductory paragraph of 170-E:5-a; 170-E:5-b, II(c)(4), III(a) and III(c); 170-E:6-a, I and II; 170-E:21-a; 170-E:25, V, VII and X; 170-E:44, I-V; 170-F:2, I and II; the introductory paragraph of 170-F:3; 170-G:1, I, IV and V; 170-G:4, XIII, XVI and XVIII; 170-G:5-a; 170-G:6, 170-G:8-a, I; 170-G:8-c, VI; 170-G:14; the introductory paragraph of 170-G:16 and 170-G:16, V; 170-H:13, I, II(a), and III.
12 Reference Changes. Amend the following RSA provisions by replacing "department of youth development services" with "department of education": RSA 186-C:19-a, I; 186-C:19-b, I(a); and 186-C:20, I.
13 Repeal. The following are repealed:
I. RSA 161:2, III, relative to general supervision of all neglected or dependent children by the department of health and human services.
II. RSA 161:2, IV, relative to supervision and licensing of foster family homes and child placing agencies by the department of health and human services.
III. RSA 161:2, XII, relative to social service programs for children and families.
IV. RSA 161:2, XVII, relative to review of rates for child day care services by the department of health and human services.
V. RSA 169-H, relative to the commission on juvenile justice.
VI. RSA 170-G:2, I (a), relative to the bureau of children within the department of health and human services.
VII. RSA 170-H:2, II, relative to the definition of the administrator of the department of youth development services.
VIII. RSA 621-A, relative to the department of youth development services.
14 Effective Date. This act shall take effect January 1, 2000.
LBAO
99-0032
4/5/99
HB 200-FN-LOCAL - FISCAL NOTE
AN ACT relative to restructuring the juvenile justice system in New Hampshire.
FISCAL IMPACT:
The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill as it is awaiting information from an agency.