HB 0628

HB 628 - FINAL VERSION

AN ACT relative to the relocation of the principal residence of a child and establishing a regional youth center pilot program in Hillsborough county and in a central location within Coos, Grafton, Carroll, and Belknap counties.

SPONSORS: Rep. Wallin, Merr 15; Rep. Bickford, Straf 1

This bill establishes criteria governing the relocation of the principal residence of a child and establishes a regional youth center pilot program with pilot locations in Hillsborough county and in a centrally situated location within Coos, Grafton, Carroll, and Belknap counties, for the placement of certain juvenile offenders where the programs and services ordered by the court are provided by the local community.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Paragraph; Relocation of the Principal Residence of a Minor Child. Amend RSA 458:17 by inserting after paragraph VI the following new paragraph:

VI-a.(a) In cases involving one or more minor children, the final decree of divorce shall address the subject of the possible future relocation of the principal residence of such minor children. In cases where there has been a finding of domestic violence between the parties as defined in RSA 173-B, any decision on the possible future relocation of the principal residence of the minor children shall consider the needs, safety, and best interest of the abused spouse and the minor child or children.

(b) No permanent stipulation shall be approved unless it addresses the subject of the possible future relocation of the principal residence of any minor children involved.

(c) The court may approve the relocation of the principal residence of a minor child if the court determines that such relocation would be in the best interest of such minor child or children. In making its determination, the court shall consider the following factors:

(3) The possible impact that relocation may have on the physical, educational, emotional, and developmental well-being of the child or children, taking into consideration the nature of the relationship of the child to each parent and any special needs that the child may have.

(5) Founded cases of child abuse or domestic violence as defined in RSA 169-C or RSA 173-B.

(d) No agreement or final order may contain a provision prohibiting a parent from relocating. However, the court, in an agreement or final order, may require a parent seeking relocation to provide notice of relocation to the court, or to the other parent, or to both, where such relocation may significantly impede the non-relocating parent's access to the minor child or children.

I. A regional youth center pilot program for the placement of certain juveniles is hereby established in a location situated within Hillsborough county and in a location situated within the northern 4 counties (hereinafter referred to as the "pilot locations"), which may include the construction of new regional youth center facilities in Hillsborough county, and in a location chosen through a public selection process which is centrally situated, based upon geography and population, so as to be able to serve Coos, Grafton, Carroll, and Belknap counties, each with an initial capacity of 25 residential beds and the capacity to increase to not more than 50 beds.

II. The intent of the legislature is to encourage and enable the establishment of community-based regional youth centers for the provision of residential and non-residential services for juveniles involved in the juvenile justice system. Local providers, members of the public, the counties, and the state shall work together to provide an appropriate response to those juveniles determined to need a variety of programs and services that can be provided in a staff-secure setting. No similar facility currently exists within this state to provide short-term comprehensive community-based services for such juveniles, and the regional youth center pilot program is intended to be a model for other community-oriented juvenile facilities throughout this state in the future.

III. The purpose of the pilot program is to provide community-based services, including short-term residential services, for juveniles. The goal of this act is to encourage, in the context of the community, the wholesome moral, mental, emotional, and physical development of juveniles, including but not limited to those between the ages of 12 and 16, who are delinquent, in need of services, truant, runaway, or otherwise wayward, in order to assist the child in becoming a responsible and productive member of society. In order to accomplish this goal, community service providers in the two identified areas have agreed to provide education, treatment, care, guidance, and counseling for juveniles at a regional youth center.

I. A regional youth center board shall be established for the purpose of administering each of the regional youth center pilot locations. The members of the board shall be selected by a working group of local agencies currently meeting on a regular basis on issues or similar issues relating to this pilot program. For the Hillsborough county location, the board shall consist of residents of Hillsborough county, including public members. For the pilot location in the 4 northern counties, the board shall consist of residents of communities within those counties, including public members. The commissioners of the departments of youth development services, and health and human services, or their designees, shall also be members of the board. Any decision regarding the site of each pilot location shall only be made with input from neighbors of the proposed facility.

II. Board members shall be appointed and hold their initial meeting within 60 days of the effective date of this paragraph. At this initial meeting officers, including a chairperson and secretary, shall be elected and rules of procedure shall be adopted. Members of the board shall serve without compensation.

4 Powers and Duties. A regional youth center board shall have the following powers and duties:

I. To establish criteria for the admission of juveniles into the pilot program and to decline admission to any juvenile who does not meet those criteria. The board may, pursuant to procedures established by the board, remove any juvenile from a pilot location whose conduct interferes with the objectives of the program or whose behavior negatively affects another participant in the pilot program.

II. With the exception of bed supervision, to contract for the provision of ordinary and necessary services, including but not limited to residential, educational, security, healthcare services and community-based treatment, care, and counseling services for both juveniles attending the pilot program and their families.

III. To pursue additional funding for the pilot program, including but not limited to, grants or other moneys from federal, state, or private foundations or sources, and expend such grants, moneys, or other appropriations for the purposes of said pilot program.

IV. To establish an outcome-based evaluation plan for the program which shall provide for the collection of appropriate data and for the determination annually of the success of the regional youth center programming and services based on specific measures to be determined by the board.

V. To provide residential services to preadjudicated juveniles, adjudicated juvenile delinquents and children in need of services, and juveniles taken into temporary custody pursuant to RSA 169-B:9, II and RSA 169-D:8, II.

VI. To provide non-residential services to court-ordered and non-court-ordered juveniles on such terms and conditions as provided for in the criteria for admission established by the board.

5 Bed Supervision. The department of youth development services shall provide bed supervision for any regional youth center facility established in this act. Bed supervision shall consist of monitoring and supervising juveniles receiving residential services during the night time hours as such hours are established by the regional youth center board. The board shall determine the need for and extent of daytime supervision of juveniles in residence who are unable for any reason, including but not limited to illness, to attend or participate in daytime programming. The state shall be responsible only for expenses related to bed supervision of juveniles in residence at a regional youth center.

6 Rulemaking. The commissioner of the department of youth development services shall adopt rules, pursuant to RSA 541-A, relative to the bed supervision of juveniles placed in a pilot location pursuant to the provisions of RSA 169-B and 169-D.

I. Notwithstanding any law to the contrary, the pilot program and services established in this act shall be available for the purposes of actions and proceedings pursuant to RSA 169-B and 169-D in the district courts or family division situated in the pilot locations.

II. Notwithstanding any provision of RSA 169-B to the contrary, any district court or family division located in Hillsborough county shall have the authority to order placement in a pilot location for an adjudicated juvenile delinquent residing in Hillsborough county, and the district courts or family division located in Coos, Grafton, Carroll, and Belknap counties shall have the authority to order placement in a pilot location for an adjudicated juvenile delinquent residing within those 4 counties, for a period to be determined by the court which shall not exceed 90 days.

III. Notwithstanding any provision of RSA 169-B or 169-D to the contrary, the district courts or family division in the pilot locations shall have the authority, prior to adjudication and disposition, to order residential placement of a juvenile in the facility to the extent necessary to provide immediate supervision and protect the safety or welfare of the juvenile or the person or property of another. The district courts or family division in the pilot locations shall comply with the provisions of RSA 169-B and RSA 169-D for the adjudication and disposition of any juvenile placed in the pilot program prior to such adjudication or disposition.

IV. The authority of the district courts or family division in the pilot locations to place a juvenile in the pilot program is subject to the criteria established by a regional youth center board for the admission of juveniles to the pilot program and the authority of the board to decline to accept or to remove any juvenile who does not meet those criteria.

I. Regional youth center facilities shall be certified for the placement of minors pursuant to RSA 170-G:4, XVIII.

II. The regional youth center program shall terminate on July 1, 2003, unless otherwise authorized by a subsequent act of the legislature.

9 Department of Youth Development Services and Department of Health and Human Services; Biennial Budgets. The department of youth development services shall submit a budget for the biennium ending June 30, 2003 which shall include financial responsibility for bed supervision for regional youth center pilot facilities established in this act. The department of health and human services shall include in its budget for the biennium ending June 30, 2003 the costs for the services and programs provided at regional youth center pilot facilities for which the department is financially responsible.

10 Severability. If any provision of sections 2-10 as inserted by this act or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provisions or applications, and to this end the provisions of this act are severable.

11 Contingency. The provisions of this act establishing the pilot program shall only take effect upon the availability, from any source, of funds sufficient for the construction of new facilities or renovation of existing facilities, which shall fulfill the needs of the pilot program. If such funds are not available, the provisions of this act shall not take effect.

II. The remainder of this act shall take effect 60 days after its passage.