HB 380 - AS AMENDED BY THE HOUSE
11Mar2015… 0234h
2015 SESSION
15-0626
05/01
HOUSE BILL 380
AN ACT relative to investigations of child day care agencies.
SPONSORS: Rep. Burt, Hills 39; Rep. K. Rice, Hills 37; Rep. Rappaport, Coos 1; Rep. Fromuth, Hills 7; Rep. Parent, Merr 26; Rep. Abramson, Rock 20; Rep. Bridge, Sull 6; Rep. Marston, Hills 19; Rep. Martin, Merr 23
COMMITTEE: Children and Family Law
AMENDED ANALYSIS
This bill permits the department of health and human services to interview a child as part of an investigation of a child day care agency only if the child’s parent or legal guardian is present and consents to the interview. The bill requires the department to record the interview and provide a copy of the recording to the child’s parent or guardian upon request.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11Mar2015… 0234h
15-0626
05/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
AN ACT relative to investigations of child day care facilities.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Child Day Care Licensing; Rulemaking. Amend RSA 170-E:11, IV to read as follows:
IV. Policy and procedures concerning monitoring visits, investigation of complaints and disciplinary proceedings, including corrective action plans, against licensees; provided that any interview with a child shall be conducted only in the presence of the child’s parent, legal guardian, or their designee and with the prior written consent of the child’s parent or legal guardian. The department of health and human services shall make an audio or video recording of the interview according to the department’s protocol for recording such interviews. The child’s parent or legal guardian shall be provided a copy of the recording upon request, for a fee of not more than $10.
2 Effective Date. This act shall take effect January 1, 2016.
LBAO
15-0626
Amended 03/30/15
HB 380 FISCAL NOTE
AN ACT relative to investigations of child day care agencies.
FISCAL IMPACT:
The Department of Health and Human Services states this bill, as amended by the House (Amendment #2015-0234h), may increase state expenditures by an indeterminable amount in FY 2016 and each year thereafter. There will be no fiscal impact on state, county and local revenue or county and local expenditures.
METHODOLOGY:
The Department of Health and Human Services states this bill requires a parent or legal guardian to be present anytime the Department interviews a child in the child care program. Further, the Department would be required to make an audio or video recording of the interview with the child and make the record available to the parent or guardian upon request. The Department currently licenses 947 child care programs. In calendar year 2014 the Department conducted 833 inspections and investigated 286 complaints. The Department is unable to estimate the costs associated with this bill because it does not know how many child interviews will be conducted in any given year. The Department reports it does not have and would need to purchase audio and video equipment. Further, the Department states many children are in childcare programs during the day while their parents are at work. Consequently, this bill may result in additional travel and mileage reimbursement, overtime pay and other expenses.