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2017 New Hampshire Revised Statutes
Title XII - PUBLIC SAFETY AND WELFARE
Chapter 170-G - SERVICES FOR CHILDREN, YOUTH AND FAMILIES
Section 170-G:18 - Office of the Child Advocate.
Universal Citation: NH Rev Stat § 170-G:18 (2017)
170-G:18 Office of the Child Advocate. –
I. The office of the child advocate shall be an independent agency, administratively attached to the department of administrative services pursuant to RSA 21-G:10.
II. The office shall be under the supervision of an unclassified director of the office of the child advocate. The director shall serve a term of 4 years and until a successor is appointed and qualified. Any vacancy in the office shall be filled in the same manner as the original appointment for the remainder of the unexpired term. The director shall be appointed by the governor and council, upon the recommendation of the oversight commission established in RSA 170-G:19. The director shall possess a professional graduate degree in law, social work, public health, or a related field and be qualified by reason of education, experience, and expertise to perform the duties of the office.
III. The office of the child advocate shall:
(a) Provide independent oversight of the division for children, youth, and families to assure that the best interests of children are being protected.
(b) Regularly consult with the department of health and human services and the oversight commission established in RSA 170-G:19.
(c) Have access to all case records, all third party records, and all records submitted to the courts, and maintain confidentiality pursuant to RSA 169-C:25 and RSA 170-G:8-a.
(d) Have prompt electronic access to records within the scope of its mission, except for department of justice records that are part of a pending criminal investigation or prosecution, and judicial branch records to the extent that such access does not violate the constitutional separation of powers.
(e) Have the authority to subpoena witnesses and/or records.
(f) Have the authority to review and investigate any aspect of the department's child protection policies or practices.
(g) Provide information and referral services to the public regarding the department's child protection services; provided that case specific complaints shall be handled by the department.
(h) Perform educational outreach and advocacy activities in furtherance of the mission and responsibilities of the office.
(i) Investigate and report on issues related to department's child protection services upon the request of the governor, commissioner of health and human services, speaker of the house of representatives, senate president, or oversight commission. A written report of these findings shall be issued in a timely manner.
IV. (a) The department of health and human services shall provide the office with a copy of all incident or other reports related to actual physical injury to children or a significant risk of such harm, as well as other incidents which may affect the safety and well-being of children in the custody or control of the department not later than 48 hours after the occurrence; provided that any child fatality or serious injury shall be immediately communicated to the office by telephone.
(b) The department of health and human services shall provide any records or reports requested by the office, subject to the exclusions in this section.
V. Beginning November 1, 2017, and each November 1 thereafter, the director of the office of the child advocate shall submit an annual report of its activity, findings, and recommendations to the commissioner of the department of health and human services, the governor, the speaker of the house of representatives, the senate president, and the state library. The director shall make the annual report available to the public on a state Internet website.
I. The office of the child advocate shall be an independent agency, administratively attached to the department of administrative services pursuant to RSA 21-G:10.
II. The office shall be under the supervision of an unclassified director of the office of the child advocate. The director shall serve a term of 4 years and until a successor is appointed and qualified. Any vacancy in the office shall be filled in the same manner as the original appointment for the remainder of the unexpired term. The director shall be appointed by the governor and council, upon the recommendation of the oversight commission established in RSA 170-G:19. The director shall possess a professional graduate degree in law, social work, public health, or a related field and be qualified by reason of education, experience, and expertise to perform the duties of the office.
III. The office of the child advocate shall:
(a) Provide independent oversight of the division for children, youth, and families to assure that the best interests of children are being protected.
(b) Regularly consult with the department of health and human services and the oversight commission established in RSA 170-G:19.
(c) Have access to all case records, all third party records, and all records submitted to the courts, and maintain confidentiality pursuant to RSA 169-C:25 and RSA 170-G:8-a.
(d) Have prompt electronic access to records within the scope of its mission, except for department of justice records that are part of a pending criminal investigation or prosecution, and judicial branch records to the extent that such access does not violate the constitutional separation of powers.
(e) Have the authority to subpoena witnesses and/or records.
(f) Have the authority to review and investigate any aspect of the department's child protection policies or practices.
(g) Provide information and referral services to the public regarding the department's child protection services; provided that case specific complaints shall be handled by the department.
(h) Perform educational outreach and advocacy activities in furtherance of the mission and responsibilities of the office.
(i) Investigate and report on issues related to department's child protection services upon the request of the governor, commissioner of health and human services, speaker of the house of representatives, senate president, or oversight commission. A written report of these findings shall be issued in a timely manner.
IV. (a) The department of health and human services shall provide the office with a copy of all incident or other reports related to actual physical injury to children or a significant risk of such harm, as well as other incidents which may affect the safety and well-being of children in the custody or control of the department not later than 48 hours after the occurrence; provided that any child fatality or serious injury shall be immediately communicated to the office by telephone.
(b) The department of health and human services shall provide any records or reports requested by the office, subject to the exclusions in this section.
V. Beginning November 1, 2017, and each November 1 thereafter, the director of the office of the child advocate shall submit an annual report of its activity, findings, and recommendations to the commissioner of the department of health and human services, the governor, the speaker of the house of representatives, the senate president, and the state library. The director shall make the annual report available to the public on a state Internet website.
Source. 2017, 156:195, eff. July 1, 2017.
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