TITLE XII
PUBLIC SAFETY AND WELFARE
Chapter 169-F
COURT ORDERED PLACEMENTS
Section 169-F:1
169-F:1 Purpose and Application of Chapter. –
This chapter shall apply to any court ordered placement or placement for an episode of treatment as defined in RSA 193:27, VII, of any minor pursuant to RSA 169-B or any child pursuant to RSA 169-C or RSA 169-D, for the purposes of the effective implementation of any such placement.
Source. 1987, 402:35, eff. July 25, 1987. 2023, 79:140, eff. July 1, 2023.
Section 169-F:2
169-F:2 Written Findings Required Under Certain Circumstances. –
In cases in which the court does not follow a case plan or written recommendation from the department of health and human services, the court shall issue written findings explaining why the case plan or recommendation was not followed.
Source. 1987, 402:35. 1994, 212:2. 1995, 310:181, eff. Nov. 1, 1995.
Section 169-F:3
169-F:3 Notification to the Department of Health and Human Services. –
If, at any phase of the proceedings, the court contemplates ordering services or placement for a minor or a child, the court, prior to ordering such services or placement, shall notify the department of health and human services and shall afford the department an opportunity to be heard on the issue of appropriateness of the services or placement. The department shall provide the court with a recommendation for the disposition of the minor or child, which shall include the costs of the recommended services, placements and programs.
Source. 1987, 402:35. 1994, 212:2. 1995, 308:86; 310:175, 181, eff. Nov. 1, 1995.
Section 169-F:4
169-F:4 Consent Agreements. –
The court shall not approve any consent agreement unless the department of health and human services has been a party to such agreement and has been given an opportunity to be heard.
Source. 1990, 201:14. 1994, 212:2. 1995, 310:181, eff. Nov. 1, 1995.
Section 169-F:5
169-F:5 Presumption in Favor of In-State Placements. –
There shall be a presumption that an in-state placement is the least restrictive and most appropriate placement. The court may order an out-of-state placement only upon an express written finding that no in-state options exist and that the out-of-state placement offers specialized programming or services that are unable to be provided within New Hampshire, and the placement is licensed in accordance with the laws of the state in which they operate, and certified by the department. Preference shall be given to out-of-state placements that are in proximity to the child's family and/or kin, who are able to participate in family and/or reunification services. Any out-of-state placements shall be limited in time, and require increased judicial oversight, and the written approval of the director of the division for children, youth and families, or designee, for placements outside of New England.
Source. 2024, 377:6, eff. Jan. 1, 2025. 2025, 99:2, eff. Jan. 1, 2026.
Section 169-F:6
169-F:6 Order of Preference of Out-of-Home Placement. –
For any out-of-home placements made under this chapter, the court shall enter an order regarding the placement of the child, in the following order of preference:
I. If remaining in the care of the child's parent or legal guardian is determined to be contrary to the welfare of the child, to secure placement:
(a) With a related adult or with kin as defined in RSA 170-E:25, VIII; or
(b) Within the child's community of origin, with kin or in a licensed foster home setting, with preference given to a licensed foster home with whom the child has a pre-existing relationship; or
(c) In a licensed foster home outside of the child's community of origin, with preference given to a licensed foster home with whom the child has a pre-existing relationship, and/or in a foster home that can provide intensive (ISO) services designed to meet the specific needs of the child; and
(1) The department of health and human services and the department of education shall make every attempt to arrange for the child to continue to attend their school of origin, making special transportation arrangements when necessary; and
(2) The department of health and human services shall ensure that the child is able to maintain their connections with their community of origin, including important relationships and activities; and
II. Only if placements described under paragraph I are not appropriate for the child due to an inability to maintain safety in the community, may alternative placements be considered, such as group or residential care as defined in RSA 170-E:25 or certified by the department for the care of children placed pursuant to RSA 169-C, or in any state-operated treatment program, that meet the specific needs of that child, and that are not available in that child's community of origin; and
(a) If the child is placed in a group or residential facility, such placement shall be for a limited time and with frequent review, pursuant to RSA 169-F:8 with the goal to return the child home or to a family setting in the community of origin as quickly as possible.
(b) The court determines that the needs of the child cannot be met by kin or in a foster family home. Neither the shortage or lack of foster family homes nor the lack of community-based resources as expressed by the department shall be acceptable reasons for determining that the needs of the child cannot be met in a family setting. Nonetheless, if there is no kin or licensed foster home available at the time the court is ordering placement of the child, the court may order the best available temporary placement while the department of health and human services prioritizes locating a preferred placement.
Source. 2024, 377:6, eff. Jan. 1, 2025.
Section 169-F:7
169-F:7 Oversight of Children in Care; Department Responsibilities. –
I. Any child in a court-ordered placement pursuant to RSA 169-B, RSA 169-C, or RSA 169-D shall be seen in-person on at least a monthly basis, by their assigned case worker. In the event the assigned case worker is not available, another case worker or supervisor familiar with the child and/or case may perform the visit. The visit to the child shall include a private meeting with the child, in a safe place as determined by the case worker and child, to inquire about care received, as well as an in-person tour of the child's living quarters. The monthly contact shall also include contact with the child's placement provider, therapeutic providers, and educational providers, preferably in real-time, but at least by written correspondence. In addition, for any child placed in a residential placement by the department, these visits shall include a tour of the facility where the child may have access to; a check-in with appropriate leadership about program culture and therapeutic programming; a check-in with program direct care staff about the child's progress in the program; and a check-in with the clinical director and/or the child's therapeutic provider about the program culture, therapeutic programming, and the child's individual progress, strengths, and challenges in the program, which may occur outside of the in-person visit in virtual real-time if circumstances require.
II. The department shall develop, in consultation with the office of child advocate, a standard operating procedure and form for monthly visits with children conducted by the department, pursuant to paragraph I of this section, to be completed during each monthly in-person visit.
Source. 2024, 377:6, eff. Jan. 1, 2025. 2025, 99:3, eff. Jan. 1, 2026.
Section 169-F:8
169-F:8 Court Oversight of Children in Residential Programs. –
I. Except in cases of emergency placement, prior to placing a child in residential treatment programs or psychiatric residential treatment programs, except in emergency situations, the court shall:
(a) Consider all assessments and plans for the child, including assessment of whether a residential treatment program is the most effective and appropriate level of care, in the least restrictive environment for the child, and any child-specific, short- and long-term goals for the child and the family. The assessment shall specify, in writing:
(1) Whether the child's needs can be met in a kin or foster family home, not primarily dependent upon availability of community resources.
(2) If the assessment recommends a residential treatment program:
(A) The specific reasons why the child's needs cannot be met in a kin or foster family home, not primarily dependent upon availability of community resources; and
(B) Why recommended placement in a residential treatment program is the setting that will provide the child with the most effective and appropriate level of care, in the least restrictive environment.
(3) How the placement is consistent with the short- and long-term goals for the child, as specified in the case plan or permanency plan for the child.
(b) Confirm that the school district has complied with its legal obligations to assess the educational impact of the placement, and consider the school district's input on that impact.
(c) Determine that the needs of the child cannot be met through placement with a parent, legal guardian, legal custodian, kin caregiver, or in a foster family home; and that placement of the child in a residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment; and that placement is consistent with the short- and long-term goals, including mental, behavioral, and physical health goals, for the child as specified in the permanency plan for the child, or as outlined in the family services plan. A shortage or lack of foster family homes as expressed by the department shall not be an acceptable primary reason for determining that the needs of the child cannot be met in a foster family home. Nonetheless, if there is no kin or licensed foster home available at the time the court is ordering placement of the child, the court may order the best available temporary placement while the department prioritizes locating a preferred placement.
(d) Review information relating to the facility, which may include staff-to-child ratio; staff training; program culture; therapeutic, clinical and milieu programming; educational programming; recreational programming; and, family connections, in order to ensure that the program is the most effective and appropriate level of care, in the least restrictive environment for the child, and meets the child-specific short- and long-term goals for the child and the family.
(e) Approve or disapprove of the placement, in a written order, containing all of the necessary findings laid out in this section.
II. In the case of an emergency necessitating immediate placement of a child in a residential treatment program, the department shall notify the court within 2 business days of such placement, in order for the court to make the required findings of paragraph I.
III. Prior to determining that a residential treatment program is the most effective and appropriate level of care, in the least restrictive environment for the child, the court shall consider any available assessments and plans, giving the greatest weight to the most recent assessment and assessments completed by a licensed psychologist or licensed neuropsychologist with specialized training in the evidence-based treatment of childhood trauma. If the court deviates from such recommendation, the court shall make specific findings of fact regarding the most effective and appropriate level of care, in the least restrictive environment for the child, and that the placement is consistent with child-specific short and long-term goals for the child and the family. When making such findings of fact, the court shall consider all relevant information, including but not limited to:
(a) Whether the protocol for the residential treatment program assessment was followed;
(b) Whether the school district is meeting the child's educational needs, based on their statutory requirements under RSA 169-B:22, RSA 169-D:18, and RSA 169-C:20;
(c) The strengths and specific treatment or service needs of the child and the family;
(d) The expected length of stay; and
(e) The placement preference of the child and the family.
IV. When a child is placed in a residential treatment program or psychiatric residential treatment program:
(a) The department shall notify the court promptly of such placement.
(b)(1) The court shall review the placement of that child within 60 days after placement, and at every subsequent court review hearing; or
(2) Upon a motion by the child, the child's representative, or the child's guardian ad litem establishing reason to believe the ordered residential treatment program is not the most effective and appropriate level of care for the child in the least restrictive environment, the court shall review the placement within 30 days, and at every subsequent court review hearing.
(c) The court may review the placement at any time sua sponte or in response to a motion for review by any party.
V. As long as a child remains in a residential treatment program, the department shall submit evidence to the court and all parties, at least 5 business days prior to every regular review hearing:
(a) Demonstrating that:
(1) Ongoing assessment of the strengths and needs of the child continues to support the determination that the needs of the child cannot be met through placement with a parent, legal guardian, legal custodian, kin caregiver, or in a foster family home;
(2) Any recommended psychological or clinical evaluations or assessments have been completed, and if not, the status of those evaluations or assessments;
(3) The department has worked with the school district to assure, consistent with the best interest of the child, the child's educational stability;
(4) The placement in a residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment; and,
(5) The placement is consistent with the short- and long-term goals for the child as specified in the permanency plan for the child, or as outlined in the family services plan.
(b) Documenting that:
(1) The specific treatment or service needs that will be met for the child in the placement;
(2) The length of time the child is expected to need treatment or services, and the treatment basis for the determination of that length of time; and
(3) The specific efforts made by the division to prepare the child and prospective placement for the child's return home or to be placed with a fit and willing kin caregiver, a legal guardian, legal custodian, or an adoptive parent, or in a foster family.
Source. 2024, 377:6, eff. Jan. 1, 2025.
Section 169-F:9
169-F:9 Residential Treatment Programs; Certification Required. –
I. No child shall be placed by the department in a residential treatment program, including a psychiatric residential treatment program, unless the program has been licensed in accordance with RSA 170-E or the laws of the state in which they operate, and certified by the department under this chapter. Any program not certified by the department shall not be eligible to receive state funds or federal funds disbursed by the state of New Hampshire.
II. On or before January 2, 2025, the department shall establish a certification team, responsible for the certification, recertification, and oversight of all residential treatment programs utilized by the department, and certified for placements and payment by the department. Such assessments shall include an in-person visit of the facility and review of all appropriate records and certification criteria. The team shall give priority to all residential treatment programs where children are currently placed on the effective date of this section.
III. The team shall develop a standard operating procedure and form for assessment of the programs to be completed during each in-person visit, in consultation with the office of the child advocate.
IV. The department shall assess and certify every in-state and out-of-state program including residential treatment programs and psychiatric residential treatment programs prior to entering into an agreement for payment, and prior to the placement of any child in that facility. To be certified by the department, the program shall demonstrate compliance with staff training and program requirements and offer an appropriate therapeutic milieu and culture centered in trauma-informed care, in accordance with standards adopted by the department, in consultation of the office of the child advocate.
V. The department shall make monitoring visits at least twice per year, including at least one unannounced visit, to all facilities where New Hampshire children are currently placed by the state in residential treatment. The department shall continue to make annual certification or technical assistance visits to all certified residential placement facilities; if a child is being placed at a residential facility that did not currently have a New Hampshire child placed, the department shall make a visit prior to the placement of that child unless a department visit has occurred within the past 120 days. Clear and comprehensive records shall be maintained by the department on each facility showing the dates and findings of each such visit. Such records shall be available to the facility and provided to the office of the child advocate, as well as included in the paperwork for the certification and/or re-certification process. If the facility is found not to be in compliance with the statute, the rules adopted by the commissioner, or the contract, if applicable, a corrective action plan shall be submitted to the department, and the department shall notify the licensing agency of that facility and the office of the child advocate. Failure to submit an acceptable plan or a failure to take the necessary corrective actions shall result in the immediate removal of all New Hampshire children from that facility, and/or revocation of the certification.
VI. Any placement of a child outside of New England shall require the approval of the division for children youth and families' director prior to placement, with specific findings regarding the need for such placement.
Source. 2024, 343:4, eff. July 1, 2024.