On June 13th, 2024, Governor Chris Sununu signed Senate Bill 591 into law, which made key changes to the YDC Claims Administration and Settlement Fund (YDC Settlement Fund).
Our YDC Victim Compensation Group has been monitoring the progress of this new bill and stands ready to continue guiding clients through the claims process with the goal of providing a justice and closure for these victims.
Expanded Funding
Under the new law, the fund administrator can authorize up to an additional $75 million in claim payments per fiscal year, effectively increasing the $100 million that was originally available in the YDC settlement fund.
Increased Compensation Caps
Under the new legislation, new caps on compensation exist for different types of abuse:
- Claims of other abuse (which now includes physical abuse) are capped at $250,000, compared to a previous cap of $150,000 on physical abuse;
- Claims of sexual abuse only, as well as claims of sexual and other abuse, are capped at $1.5 million in the aggregate;
- Claims of egregious sexual abuse only, as well as claims of egregious sexual abuse and other abuse, are capped at $2.5 million in the aggregate; and
- Claims of isolated confinement may be eligible for compensation of up to $300 per day of confinement, with a cap of $100,000 per claimant for settlement of all incidents of isolated confinement.
These categories of abuse are discussed more below.
New Categories of Abuse are Eligible for Compensation
The legislation introduces crucial updates to the definitions and categories of abuse:
- Egregious Sexual Abuse: A new category has been created for "egregious" sexual abuse which includes abuse that, within the sole discretion of the YDC Claims Fund Administrator, is "wanton or cruel" to such an extent that claimants may be entitled to additional compensation beyond the $1.5 million cap on sexual abuse claims.
- Sexual Abuse: This pre-existing category of compensable abuse has been expanded to, first, include conduct that invades another’s privacy by intrusion upon their “seclusion” or, in other words, into something secret, secluded or private pertaining to another person in a way that would be offensive to ordinary people. Second, this pre-existing category has also been expanded to now include the conduct listed under RSA 169-C:3, XXVII-b, which includes the “employment, use, persuasion, inducement, enticement, or coercion of any child to engage in, or having a child assist any other person to engage in, any sexually explicit conduct, or any simulation of such conduct, …or other form of sexual exploitation of children.”
- Other Abuse: Another significant addition is the inclusion of a category for "other" abuse. Other abuse includes the same types of physical abuse that were previously included in the original version of the law. In addition, however, the new law broadens the scope of compensable abuse to encompass various forms of mistreatment that were previously unrecognized, including unlawful restraint, unlawful strip search, and intentional infliction of emotional distress.
- Confinement: Claims of isolated confinement may now be valued at up to $300 per day.
By recognizing these forms of abuse, the state acknowledges the wide range of trauma inflicted upon YDC residents.
Extended Deadline for Filing Claims
The new law also extends the deadline for filing claims by six months to June 30, 2025. This extension provides victims with additional time to come forward and seek the justice and compensation they deserve.
Moving Towards Justice
Governor Sununu's signing of Senate Bill 591 represents a continued commitment to supporting victims of the YDC and addressing the extensive and varied abuse they endured. By broadening the eligibility for compensation and increasing the available funds, New Hampshire is taking substantial steps towards justice and healing for these individuals.
Whether you are in the middle of filing a claim, are ready to get started, or just want to talk to someone, our YDC Victim Compensation Group is here to answer your questions and provide the support you deserve. We welcome you to call us at 888-801-9916, click the “Text us!” button in the corner of your screen, or contact us here.
