29mar01...0446h

5/31/01 1368s

2001 SESSION

01-0761

05/09

HOUSE BILL 648-FN

AN ACT authorizing licensing of homeless youth programs.

COMMITTEE: Children and Family Law

AMENDED ANALYSIS

This bill defines homeless youth programs and establishes admissions, parental notification, and licensing requirements for homeless youth programs.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

29mar01...0446h

5/31/01 1368s

01-0761

05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

AN ACT authorizing licensing of homeless youth programs.

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

188:1 New Subparagraph; Residential Care and Child-Placing Agency Licensing; Homeless Youth Programs Added to Definition of Child Care Agency. Amend RSA 170-E:25, II by inserting after subparagraph (c) the following new subparagraph:

(d) "Homeless youth program" means a program, including any housing facilities utilized by such program, which receives any child for the purpose of providing services to facilitate independent living including all of the following program components: individual assessment, referral, housing, and case management. Such services may be provided directly by the agency or through one or more contracts for services.

188:2 New Section; Residential Care and Child-Placing Agency Licensing; Homeless Youth Programs. Amend RSA 170-E by inserting after section 27 the following new section:

170-E:27-a Homeless Youth Programs; Special Provisions. Any child care agency which receives children for the purpose of providing a homeless youth program, as defined in RSA 170-E:25, II(d), shall be subject to the following provisions:

I. When a child 16 or 17 years of age contacts a homeless youth program requesting emergency shelter or homeless services, the program shall:

(a) Assess the child's essential needs, physical and mental health condition, and the circumstances that led the child to seek services.

(b) Upon completion of the assessment, but in no case later than 72 hours from the child's initial request for services, attempt to notify the child's parent or legal guardian that such child is present at the agency's facility. If compelling circumstances become evident during assessment which justify not notifying the parent or legal guardian, the program shall instead notify the department according to RSA 169-C:29. In this paragraph, the term "compelling circumstances" means circumstances which indicate that notifying the parent or legal guardian would subject the child to risk of abuse or neglect as defined in RSA 169-C:3.

(c) Notify the department no later than 30 days after the child's initial request for services if the program is unable to make contact with either of the child's parents or the legal guardian after reasonable attempts to do so.

II. Nothing in this section shall alter the legal relationship between parent or legal guardian and child, and in the absence of a court order directing otherwise, the program shall release the child to the custody of his or her parent or legal guardian upon request by the parent or guardian.

III. If the child is discharged from the program or voluntarily terminates participation in the program, the program shall immediately notify the parents or legal guardian; or the department if the parent or legal guardian has never consented to the child's placement in the program.

IV. A parent or legal guardian who consents in writing to the child's participation in a licensed homeless youth program shall not be deemed neglectful under RSA 169-C:3, XIX.

V. The agency may charge the child a reasonable fee for the services provided the child is working and/or has other regular income and such fee is within his or her ability to pay.

188:3 New Subparagraph; Residential Care and Child-Placing Agency Licensing; Penalties; Compliance With Homeless Youth Program Requirements. Amend RSA 170-E:45, I by inserting after subparagraph (e) the following new subparagraph:

(f) Fails to comply with the requirements for notifying parents, legal guardians, or the department under RSA 170-E:27-a, I.

188:4 Effective Date. This act shall take effect 60 days after its passage.

(Approved: July 5, 2001)

(Effective Date: September 3, 2001)