I. In every case in which a placement outside the home is being considered, the department shall require the completion of a written clinical assessment of the behavioral health and other treatment needs of the child.
II. A written treatment plan shall be required upon a child’s placement in a residential or other treatment program. The plan shall have definable goals and strategies to achieve those goals and include concrete, outcome-oriented interventions with the objective of restoring, rehabilitating, or maintaining the child’s capacity to successfully function in the community and diminish the need for a more intensive level of care.

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In New Hampshire Revised Statutes 170-G:4-e

  • following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13

III. The development of a written discharge plan for each child shall begin upon admission to any treatment program, and shall be available to the parents or guardians of the child no later than 10 days following admission to the program. Treatment and discharge plans shall be updated on an ongoing basis as treatment proceeds and a child’s condition changes.
IV. All assessments conducted pursuant to this section shall include the use of a universal, strengths-based assessment tool which is adopted by the department and used throughout the system of care for children’s mental health as defined in RSA 135-F.

[Paragraph IV-a effective January 1, 2024.]


IV-a. The assessment of behavioral health and other treatment needs of a child at risk of residential treatment either through RSA 169-B, 169-C, 169-D, or RSA 135-F, the system of care for children’s mental health due to problem behavior, shall include an evidence-based functional behavioral assessment and a behavioral intervention plan, if clinically indicated. If the child’s school district has no responsibility under IDEA to complete a functional behavioral assessment and it is not related to the child’s educational needs, the department shall obtain a functional behavioral assessment. If a functional behavioral assessment cannot be completed prior to entry into residential treatment, the department shall ensure that an assessment is initiated within 30 days of that entry. The functional behavioral assessment shall be conducted by individuals qualified to perform the assessment, which may include, but is not limited to, a board certified behavior analyst or psychologist. The assessment shall include, but not be limited to, a file review, at least 2 hours of observation in a natural or clinical setting, and a final written report, which shall include specific recommendations to include within a positive behavior intervention plan.
V. The assessment of the child’s behavioral health and other treatment needs shall be repeated upon discharge from any residential treatment program or commitment pursuant to N.H. Rev. Stat. § 169-B:19, I(j).
VI. Assessments required by this section may not be conducted by employees of a residential treatment provider or commitment pursuant to N.H. Rev. Stat. § 169-B:19, I(j).