Opposition to SB 515-FN Dear Members of the Committee, I respectfully oppose SB 515-FN on constitutional and structural grounds. While this bill is presented as a procedural update, it introduces several significant changes that weaken core constitutional protections and alter the balance of authority within our state government. First, the bill explicitly aligns New Hampshire law with federal program requirements under the Family First Prevention Services Act. This raises serious concerns about state sovereignty. New Hampshire should not be restructuring its laws to conform to federal administrative frameworks, particularly when those frameworks are tied to funding conditions rather than independent legislative judgment. Second, the bill shifts practical authority away from the judiciary and into the hands of the Department of Health and Human Services. By changing the law so that the department initiates and conducts placement assessments, while courts merely review those decisions after the fact, this bill weakens the separation of powers. Courts are reduced from decision-makers to delayed reviewers. Third, the timeline established in the bill allows a child to be placed in a residential treatment setting for up to 60 days before full judicial review occurs. This raises serious due process concerns. Liberty is being restricted first, and reviewed later. That is a reversal of the constitutional order. Most concerning, the bill allows court proceedings to continue even when a child has not been provided legal counsel. This undermines one of the most fundamental protections in our legal system—the right to representation. Even if framed as temporary or limited, proceeding without counsel places children in a position where their rights cannot be adequately defended. Finally, the fact that this provision is scheduled for repeal at a later date suggests that even its proponents recognize its legal and constitutional weaknesses. If it is not acceptable as permanent law, it should not be enacted even temporarily. This bill does not merely update procedure—it shifts authority, delays oversight, and weakens protections for some of the most vulnerable individuals in our system. For these reasons, I urge you to vote Inexpedient to Legislate on SB 515-FN. Respectfully, Matthew Rhodes
SB515
Senate · 2026 sessionDemocraticSigned into lawJuvenile residential treatment placement rules
AIRevises juvenile placement statutes for qualified residential treatment programs to align with federal requirements, requiring a qualified assessment within 30 days and court review within 60 days, and allows litigation to proceed when counsel has not yet been secured for a child.
relative to judicial determinations related to children placed in a qualified residential treatment program in certain juvenile matters and appointment of counsel in certain circumstances.
Status
Signed into law · June 8, 2026- ✓Introduced
- ✓Senate
- ✓House
- ✓Governor
- ✓Law
Division of testimony
9 submissionsDear Chair and Honorable Members of the Committee, My name is Kai Berger, and I am the founder of the Hilde B Foundation, a nonprofit organization committed to ending domestic violence through prevention, awareness, and systemic change. I am writing in support of SB515, and to respectfully offer recommendations to strengthen its impact for one of the most vulnerable populations it serves: children affected by domestic violence. A significant proportion of children placed in residential treatment programs have experienced trauma rooted in domestic violence environments. These children are often not only witnesses, but direct victims of psychological, emotional, or physical harm. Behavioral and mental health challenges are frequently symptoms of trauma, not isolated conditions Legal proceedings involving placement decisions risk overlooking underlying family violence dynamics Without proper screening, systems may unintentionally treat the outcome rather than the cause SB515’s emphasis on judicial oversight and access to legal counsel is an important step toward ensuring that children’s rights and needs are properly represented. This framework creates a critical opportunity to: Improve decision-making quality Ensure children's voices are meaningfully heard Introduce more holistic, trauma-informed considerations into placement decisions To maximize the effectiveness of SB515, I respectfully encourage the Committee to consider the following additions or implementation guidance: 1. Domestic Violence Screening Require or strongly encourage that courts consider whether a child has been exposed to domestic violence as part of placement determinations. 2. Trauma-Informed Judicial Guidance Provide guidance or training for judges and appointed counsel on: Recognizing signs of domestic violence exposure Understanding its impact on child behavior and mental health 3. Coordination with Domestic Violence Services Encourage collaboration between: Residential treatment providers Domestic violence advocacy organizations This ensures that children and families are connected to appropriate support systems beyond the courtroom. SB515 represents a meaningful step toward improving outcomes for children in complex and vulnerable situations. By explicitly recognizing the role that domestic violence plays in many of these cases, New Hampshire has the opportunity to further strengthen its child welfare system in a compassionate and evidence-based way. Thank you for your time, your service, and your commitment to the well-being of children and families. Respectfully submitted, Kai Berger Founder, Hilde B Foundation
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