New Hampshire Law that Impacts Children with Special Needs

Definitions

  • N.H. Rev. Stat. Ann. §186-C:2(I)-(I-a).

I.- Child with a Disability

Child with a disability means a child as having intellectual disability, a hearing impairment (including deafness), a speech or language impairment, a visual impairment (including blindness), a serious emotional disturbance (referred to in this part as “emotional disturbance”), an orthopedic impairment, autism, traumatic brain injury, any other health impairment, a specific learning disability, deaf-blindness, or multiple disabilities, and who, by reason thereof, needs special education and related services.

I-a - Developmentally Delayed Child

"Developmentally delayed child" means a child at least 3 years of age or older, but less than 10 years of age, who, because of impairments in development, needs special education or special education and related services, and may be identified as having a developmental delay provided that such a child meets the criteria established by the State Board of Education.

Child Support

  • N.H. Rev. Stat. Ann. § 458-C:5.I(a).Adjustments to the Application of Guidelines Under Special Circumstances.

I. Special circumstances, including, but not limited to, the following, if raised by any party to the action or by the court, shall be considered in light of the best interests of the child and may result in adjustments in the application of support guidelines provided under this chapter. The court shall make written findings relative to the applicability of the following:

(a) Ongoing extraordinary medical, dental or education expenses, including expenses related to the special needs of a child, incurred on behalf of the involved children.

Support for Disabled Adult-Child (Post Minority Age Support)

  • N.H. Rev. Stat. Ann. § 461-A:14, IV. Child Support for Disabled Children

If the child support order involves a disabled child, the court shall specify the duration of the order, which may be beyond the time when the child reaches the age of 18.

  • N.H. Rev. Stat. Ann. § 458:35-c. Child Support Past the Age of Majority for Children with Disabilities

There must be a court order to extend beyond the age of majority. Decided on a case-by-case basis examples of extenuating circumstances include physical or mental handicap of the child or college.

  • In re Jacobson, 150 N.H. 513 (N.H. 2004).

Where a child's disability arose at age 20, it was too late to qualify for a statutory extension of child support; a trial court engaged in an unsustainable exercise of discretion by ordering a father to pay child support for the child. There must be a pre-existing child support order that is already in effect and live, in order to extend that support order past the age of majority.

  • In the Matter of Cheryl Anne Coderre and Paul A. Coderre, 2001 N.H. 288, (N.H. 2002).

Children with special needs can require expenses services that are not always covered by health insurance. In New Hampshire, unpaid medical expenses are included in parenting plan provision to require both parents to contribute to a child’s extracurricular activity expenses and uninsured medical expenses. The father appealed after the trial court ordered him to pay for his children’s uninsured medical expenses and extracurricular activity expenses in addition to the child support ordered under the child support guidelines. The Court concluded that extracurricular activity expenses and uninsured medical expenses are included in the parties’ total support obligation.

Credit for Child Support from Supplemental Security Income

  • In the Matter of Lister & Lister, 162 N.H. 48 (N.H. 2011).

In modifying a father's child support obligation to the parties' disabled adult son under RSA 461-A:14, IV, the trial court properly refused to give the father a dollar for dollar credit for the son's SSI benefits. Unlike Social Security Disability or retirement benefits, the son's SSI benefits were not derived from the father's previous earnings.

  • In re Angley-Cook, 151 N.H. 257, 258 (N.H. 2004).

Where the father's child received Social Security retirement dependency benefits after the father began receiving Social Security, the father's child support obligation, which was less than the benefits, was satisfied by the benefits.

“Although we have not yet addressed the issue of whether Social Security retirement dependency benefits received by a custodial parent should be credited against a noncustodial parent's child support obligation, ‘the overwhelming majority of states that have considered this issue allow a credit for Social Security benefits paid to dependent children.’ While some cases that have dealt with Social Security dependency benefits have done so in the context of Social Security Disability Income dependency benefits, we see ‘no reason to treat retirement benefits any differently than disability benefits.’ We choose to follow the majority of States and allow the obligor credit for his or her child support obligation as a per se rule.”

Special Needs Trust

  • N.H. Rev. Stat. Ann. § 167:4(V). Special Needs Trust

This statute requires New Hampshire to follow the federal SSI distribution standards for Special Needs Trusts while operating the medical assistance program, also known as “Emily’s Law” after Emily Huff, a young woman with disabilities, whose case resulted in the N.H. Supreme Court’s decision Appeal of Huff, 2006 N.H. (2005-856).

Distributions of the income or principal, or both, of a special needs trust to or for the benefit of the disabled beneficiary shall be disregarded for income eligibility purposes of all categories of public medical assistance to the same extent that such distributions are disregarded for purposes of Title XVI of the Social Security Act [the Social Security SSI program]. Funds expended by a trustee of a special needs trust to purchase or maintain assets owned by the trustee in his or her capacity as trustee of the trust shall also be disregarded for such income eligibility purposes. For the purposes of this paragraph ‘special needs trusts’ means any trust established by a third party for the sole benefit of an individual who is considered disabled under the provisions of section 1614(a)(3) of the Social Security Act [the usual Social Security finding of disability], and any trust funded with the resources of such an individual and complying with the provisions of section 1917(d)(4) of such Act.

Adoption Subsidy

  • In re Hennessey-Martin, 151 N.H. 207, 209 (N.H. 2004).

Adoption Assistance and Child Welfare Act, 42 U.S.C.S. § 670 et seq., and from the New Hampshire enactment, N.H. Rev. Stat. Ann. ch. 170-F (2002), that subsidies were intended to address special needs, not to relieve a parent of a duty to support. The court concluded that the "adoption subsidy" would not be set-off against the non-custodial parent's child support obligation or provide reason to deviate from the guidelines. The court reasoned that the "purpose of the subsidy was not to benefit a non-custodial parent, but was to provide a custodial parent with an incentive to provide ongoing care for hard-to-place children and to assist with costs associated with raising adopted children." Thus, the court included the adoption subsidy as gross income to the respondent when it calculated the petitioner's support under the guidelines.

Other Laws

  • N.H. Rev. Stat. Ann. §300.107. Nonacademic Services.

The State must ensure the following:

(a) Each public agency must take steps, including the provision of supplementary aids and services determined appropriate and necessary by the child’s IEP Team, to provide nonacademic and extracurricular services and activities in the manner necessary to afford children with disabilities an equal opportunity for participation in those services and activities.

(b) Nonacademic and extracurricular services and activities may include counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the public agency, referrals to agencies that provide assistance to individuals with disabilities, and employment of students, including both employment by the public agency and assistance in making outside employment available.

State and Community Resources

  • Early Education & Intervention Network of New Hampshire Mission

EEIN promotes optimal development of young children with special needs and their families through education of professionals and individuals, who work with children and families by providing opportunities to learn, collaborate and build partnerships. Who are we? The Early Education and Intervention Network of New Hampshire has been in existence since 1976. It is a membership organization of professionals and families involved with infants and young children with special needs. As a statewide program, we are run by a volunteer board of directors who represent various agencies, educational organizations, families and private individuals. What we do? We provide professional development trainings and workshops for individuals who work with children and families of individual with special needs. Some workshops and trainings occur in person, some in an online webinar format. Trainings and workshops vary from 2-6 hours. Some occur in the evening or on weekends in various parts of our state.

  • Easter Seals New Hampshire

Easter Seals provides exceptional services, education, outreach, and advocacy so that people living with autism and other disabilities can live, learn, work and play in our communities. Easter Seals NH has been helping individuals with disabilities and special needs, and their families, live better lives for more than 75 years. From child development centers to physical rehabilitation and job training for people with disabilities, Easter Seals offers a variety of services to help people with disabilities address life's challenges and achieve personal goals.

  • Education-A-Must.

Providing advocate services for children with special needs. This page has links to resources and a list of service providers for parents and caregivers of children and youth with special needs.

  • Family Resource Connection of the New Hampshire State Library

NH Family Resource Connection is a special program of the New Hampshire State Library to make available information on all aspects of raising healthy children, especially young children with special needs. Search their lending library, a Directory of Children's Services, and a Family & Youth Development Calendar.

  • New Hampshire Council on Developmental Disabilities Resource Guide

The New Hampshire Council on Developmental Disabilities has compiled the following resources to help people with disabilities and families find the information, services, and supports they need. Information and Referral Services, Guidebooks and Online Resources; Information and Resources on Specific Disabilities or Topics Assistive Technology; Disability Service Providers Services for Children; Legal Services; and more.

  • New Hampshire – Parenting New Hampshire

Parenting New Hampshire has a circulation of about 24,000 and is a free monthly publication available at about400 locations, including major supermarkets, throughout the Granite State. Our audience of loyal readers includes parents, teachers, child-care providers and other advocates for children ages newborn through teens.

The national award-winning magazine has been published since 1993 and is the state’s original family publication.

We strive to be a source of information for New Hampshire families. Regular features include product round-ups, profiles of individuals involved in children’s lives, a calendar of family events and monthly columns that offer expert perspectives on health and education issues. Parenting New Hampshire also aims to connect readers with family-related businesses and services around the state that can enrich or simplify their lives.

In addition to our monthly magazine, Parenting New Hampshire produces special publications, including Stepping Stones NH, a resource for parents of children with special needs; NH Next, a guide to life after high school; and the Family Resource Book, which offers listings and contact information for a variety of services around the state. We also host an annual Family Fun Fair in April, in addition to Summer Camp & Program Expos held in various locations in March.

Parenting New Hampshire is a publication of McLean Communications, Inc., a division of Yankee Publishing, Inc., Dublin, N.H. which includes New Hampshire Magazine, New Hampshire Home, New Hampshire Bride and New Hampshire Business Review. We are also a member of the Parenting Media Association, a network of more than 120 regional parenting publications from around the world.

  • New Hampshire Family Ties

The purpose of this website is to provide a channel of support for parents of children who have special needs. Although medical information may be shared, it is not the intention of this site to become a substitute for our physicians. It is important to remember that you should never change your child's treatment without first consulting your physician. Any medical questions and concerns should be discussed with your child's physician. Funding for this website is provided by New Hampshire Family Ties. There is no membership fee to use any of this website's services. New Hampshire Family Ties offers:

  • Emotional support, insight and understanding for parents when they learn their child has special needs, or when their child may be going through a transitional period
  • Parent Matches between Supporting Parents, who "have been there" with referred parents of children with special needs (medical, developmental, emotional, learning)
  • Information and Referral to community resources, services, support groups, state support programs, and others
  • Training for parents who would like to become volunteer Supporting Parents
  • A state-wide network of regional Parent to Parent coordinators
  • New Hampshire Family Voices

New Hampshire Family Voices provides free, confidential services to families and professionals caring for children with chronic conditions and / or disabilities. We empower and inform families and professionals to feel confident when making choices for children and youth in their care.

It is estimated that 10.2 million children in the United States have special health care needs. Like other children and youth, those with special health care needs deserve a happy, healthy childhood and youth, attending school, enjoying community events, living with their families, and worshiping with friends and neighbors as well as the opportunity to become productive adults.

However, unlike other children and youth, ours also have chronic health, physical, cognitive, behavioral or emotional challenges that can make their lives and their families’ lives more challenging. Any child or youth at any time could develop a disability or chronic health condition.

Because families are at the center of a child’s life, they must be equal partners in decision-making and all aspects of the child’s care. Family-centered care is community-based, coordinated, culturally and linguistically competent, and guided by what is best for each child and family.

nhfv.org

  • One Sky Community Services. One Life, Endless Possibilities.

One Sky is a private, non-profit organization under contract with the state of New Hampshire since 1983 (formerly Region VIII Community Developmental Services). Our role is to plan, fund, provide and oversee community-based services and supports for children and adults with developmental disabilities and acquired brain disorders in Northern Rockingham County. Our mission is to assist those we serve to participate as valued members in the lives of their communities. Our volunteer Board of Directors includes consumers and family members, business people, educators and homemakers. Honoring the inherent value of each person, we are committed to:

  • Helping people make choices about where they live, work and spend time,
  • Using existing resources when possible to create and maintain supports and services that are flexible and responsive to the circumstances of each individual,
  • Assisting families in ways that they view as supportive,
  • Promoting community understanding, acceptance and support of people with disabilities,
  • Fostering inclusion of people in community affairs and relationships,
  • Working in cooperation with local citizens and professions,
  • Providing services without regard to race, gender, religion, national origin, or political belief.

Services are provided with state and federal funds through our contract with the NH Bureau of Developmental Services (BDS). Individuals in need of day and residential services who have been found eligible, but for whom we do not have funding, are placed on a wait list. When new funds become available, they are allocated based on criteria developed by BDS. Some interim supports are provided when possible.

  • Parent Information Center on Special Education

Since 1975, the Parent Information Center on Special Education (PIC on Special Education) has been providing information, training and support to families who have a child with a disability so that they may participate effectively as team members in the Special Education process. PIC on Special Education collaborates with families, youth, schools, agencies and community members throughout the state. Our vision is that all children and youth with disabilities will have successful educational experiences that will prepare them to be actively involved in the community as adults.