New Hampshire DHHS Youth Pay to Stay Policy
| Submitted | Dec. 19, 2022 |
MuckRock users can file, duplicate, track, and share public records requests like this one. Learn more.
Communications
From: Wayne Byun
To Whom It May Concern:
Pursuant to the New Hampshire Right to Know Law, I hereby request the following records:
The following materials regarding the imposition, assessment, collection and balances of fees and debt for incarcerated youth (i.e., juvenile):
a) All current policies and procedures regarding medical and room & board costs or fees for which incarcerated youth (i.e. juvenile) and/or their parents or legal guardians are or may become liable. Please include all policies and procedures related to how fees are set, accrued, imposed, collected, and enforced (such as those related to per diem fees, ability to pay determinations, penalties for late or non-payment, authorization for civil or criminal action for payment enforcement, etc).
b) All reports, databases, spreadsheets, or equivalent materials regarding debts/restitution paid to or owed to this department or any facility/agency under its jurisdiction in FY2021. Please include all relevant data regarding medical and room & board costs, including the number of youths (i.e., juveniles) charged for medical and room & board costs or fees and the total amount of medical and room & board fees imposed in FY2021.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.
Sincerely,
Wayne Byun
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New Hampshire Right to Know Law request, copied below, and originally submitted on Dec. 19, 2022. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Health and Human Services
Dear Mr. Byun,
I am writing to inform you that we are in receipt of your request for:
a) All current policies and procedures regarding medical and room & board costs or fees for which incarcerated youth (i.e. juvenile) and/or their parents or legal guardians are or may become liable. Please include all policies and procedures related to how fees are set, accrued, imposed, collected, and enforced (such as those related to per diem fees, ability to pay determinations, penalties for late or non-payment, authorization for civil or criminal action for payment enforcement, etc).
b) All reports, databases, spreadsheets, or equivalent materials regarding debts/restitution paid to or owed to this department or any facility/agency under its jurisdiction in FY2021. Please include all relevant data regarding medical and room & board costs, including the number of youths (i.e., juveniles) charged for medical and room & board costs or fees and the total amount of medical and room & board fees imposed in FY2021.
We are in the process of determining whether we have any responsive public records and anticipate providing a further response on or before January 13, 2023.
Meanwhile please do not hesitate to contact me with any questions.
Sincerely,
Frank D. Nachman
Chief Legal Counsel
NH Department of Health and Human Services
129 Pleasant Street
Concord, NH 03301
(603) 271-9228
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New Hampshire Right to Know Law request, copied below, and originally submitted on Dec. 19, 2022. You had previously indicated that it would be completed on Jan. 13, 2022. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Health and Human Services
Dear Mr. Byan:
I am writing with a further response to your Right to Know request for:
a) All current policies and procedures regarding medical and room & board costs or fees for which incarcerated youth (i.e. juvenile) and/or their parents or legal guardians are or may become liable. Please include all policies and procedures related to how fees are set, accrued, imposed, collected, and enforced (such as those related to per diem fees, ability to pay determinations, penalties for late or non-payment, authorization for civil or criminal action for payment enforcement, etc).
b) All reports, databases, spreadsheets, or equivalent materials regarding debts/restitution paid to or owed to this department or any facility/agency under its jurisdiction in FY2021. Please include all relevant data regarding medical and room & board costs, including the number of youths (i.e., juveniles) charged for medical and room & board costs or fees and the total amount of medical and room & board fees imposed in FY2021.
With regard to parental financial responsibility for services provided to juveniles, prior to 2020, the law regarding parental reimbursement read that "whenever an order creating liability for expenses is issued by the court under this chapter shall be payable by the department of health and human services." The law further stated that "the state shall have a right of action over for such expenses against the parent or the people chargeable by law for the child's support and necessities." This identical language was found in the child protection act under RSA 169-C:27(I), the delinquent children statutes under RSA 169-B-40(I), and the Children in Need of Services statutes under RSA 169-D:29(I). The NH legislature amended the law effective January 1, 2021 and the NH DHHS Parental Reimbursement Unit (PRU) ceased seeking court orders for reimbursement of costs. There are no current policies in place nor were there written policies prior to the change in the law. The PRU would operate under the several parental reimbursement statutes and seek to obtain court orders for reimbursement. The PRU did have utilize a calculation worksheet in order to calculate a payment amount to recommend to the judge. I've attached the worksheet. Policies.
With regard to your request b, reimbursement recovered for the cost of residential care was not separated or distinguished from collections overall. Therefore DHHS does not have any records responsive to your request. My understanding is that aggregate information is available, but not the records you describe.
Please let me know if you have any questions or if I can be of further assistance.
Sincerely,
Frank D. Nachman
Chief Legal Counsel
NH Department of Health and Human Services
129 Pleasant Street
Concord, NH 03301
(603) 271-9228
-
Copy of Copy of COPY OF Parental Reimbursement Unit Guideline Calculation 8.2016
Files
-
01/13/2023
Copy of Copy of COPY OF Parental Reimbursement Unit Guideline Calculation 8.2016