Title XII, Public Safety and Welfare

I. An initial appearance shall be held not less than 24 hours nor more than 7 days from the filing of a legally sufficient petition. II. At the initial appearance, the court shall: (a) Advise the child in writing and orally of any formal charges; (b) Appoint counsel pursuant to R…

I. Absent a valid waiver, the court shall appoint counsel for the child at the time of the initial appearance. If the court believes that the minor has a cognitive, emotional, learning, or sensory disability, the court shall require the minor to consult with counsel. II. The cour…

I. Following the initial appearance, a child alleged to be in need of services may be ordered by the court subject to such conditions as the court may order, to be: (a) Retained in the custody of a parent, guardian, or custodian; or (b) Released in the supervision and care of a r…

The court shall notify parties of their right to request in advance of any hearing under this chapter that a record of such hearing shall be preserved and made available to the parties.

I. An adjudicatory hearing under this chapter shall be conducted by the court, separate from the trial of criminal cases. I-a. A record of the adjudicatory hearing shall be preserved unless expressly waived in writing by the parties, and parties shall be notified in writing of th…

The petitioner has the burden to prove the allegations in support of the petition beyond a reasonable doubt.

Following the adjudicatory hearing, custody pending the dispositional hearing shall be determined in accordance with RSA 169-D:13.

I. If the court finds the child is in need of services, it shall order the least restrictive and most appropriate disposition considering the facts in the case, the investigation report, and the dispositional recommendations of the parties and counsel. The dispositional recommend…

In the case of an out-of-district placement, the appropriate court shall notify the department of education on the date that the court order is signed, stating the initial length of time for which such placement is made. This section shall apply to the original order and all subs…

There shall be a presumption that an in-state placement is the least restrictive and most appropriate placement. The court may order an out-of-state placement only upon an express written finding that there is no appropriate in-state placement available.

The court, wherever and to the extent possible, shall order services, placements, and programs by providers certified pursuant to RSA 170-G:4, XVIII who qualify for third-party payment under any insurance covering the minor.

I. At any point during the proceedings, the court may, either on its own motion or that of any other person, and if the court contemplates a residential placement, the court shall immediately, join the legally liable school district for the limited purposes of directing the schoo…

I. At any point during the proceedings, the court may, either on its own motion or that of any of the parties, order the child to submit to a mental health evaluation for the purpose of determining whether the child is competent to have committed the offenses or acts alleged in t…

I. If the department of health and human services recommends or initiates an out-of-home placement or a change in placement, whether within or out of the district, the department shall notify the school district as soon as possible of the change in placement and shall work with t…

Upon the motion of a child, parent, custodian, guardian, counsel, or the department alleging a change of circumstances requiring a different disposition, the court shall conduct a hearing and pursuant to RSA 169-D:17 may modify a dispositional order; provided that the court may d…

In this chapter: I. "Child" means a person who is under the age of 18 on the date the petition is filed pursuant to RSA 169-D:5. II. "Child in need of services" means a child under the age of 18: (a) Who is subject to compulsory school attendance, and who is habitually, willfully…

An appeal, under this chapter, may be taken to the superior court by the child, parent, guardian or custodian, within 30 days of the final dispositional order, but an appeal shall not suspend the order or decision of the court unless the court so orders. The superior court shall …

I. The court shall conduct periodic review hearings to review the disposition of a child under RSA 169-D:17. The court may review a case at any time. II. At this hearing, the court shall determine whether the department has made reasonable efforts to finalize the permanency plan …

I. For a child who enters an out-of-home placement prior to an adjudicatory finding and who is in an out-of-home placement for 12 or more months, the court shall hold and complete an initial permanency hearing within 14 months of the child's entry into out-of-home placement or wi…

This chapter shall not be construed as applying to persons 16 years of age or over who are charged with the violation of a motor vehicle law, an aeronautics law, a law relating to navigation of boats, a fish and game law, a law relating to title XIII, or a law relating to firewor…

The court and officials in placing children shall, as far as practicable, place them in the care and custody of some individual holding the same religious belief as the child or parents of the said child, or with some association which is controlled by persons of like religious f…

All hearings shall be held separate from the trial of criminal cases and such hearings shall be held wherever possible in rooms not used for such trials. Only such persons as the parties, their witnesses, counsel and representatives of the agencies present to perform their offici…

I. All case records, defined in RSA 170-G:8-a, relative to children in need of services, shall be confidential and access shall be provided pursuant to RSA 170-G:8-a. II. The court records of proceedings under this chapter shall be kept in books and files separate from all other …

It shall be unlawful for any person to disclose court records, or any part thereof, to persons other than those entitled to access under RSA 169-D:25, except by court order. Any person who knowingly violates this provision shall be guilty of a misdemeanor.

It shall be unlawful for any newspaper to publish, or any radio or television station to broadcast or make public the name or address or any other particular information serving to identify any child taken into custody, without the express permission of the court; and it shall be…

The publisher of any newspaper or the manager, owner or person in control of a radio or television station or agent or employee of any of the above who may violate any provision of RSA 169-D:27 shall be guilty of a misdemeanor.

I. (a) Whenever an order creating liability for expenses is issued by the court under this chapter, any expenses incurred for services, placements, and programs the providers of which are certified pursuant to RSA 170-G:4, XVIII, shall be payable by the department of health and h…

I. The court shall have exclusive original jurisdiction over all proceedings alleging a child is in need of services. II. The court may, with the consent of the child, retain jurisdiction over any child who, prior to his eighteenth birthday, was found to be a child in need of ser…

If any provision of this chapter or the application thereof to any person or circumstances is held to be invalid, the remainder of the chapter and the application of such provision to other persons or circumstances shall not be affected thereby.

I. The department shall establish a system to collect data related to: (a) The person or entity who referred the child for services and/or filed the petition. (b) The racial and ethnic identity of the child. (c) The insurance status and coverage of child served. (d) The length of…

I. Proceedings under this chapter may be originated in any judicial district in which the child is found or resides. II. By the court, upon its own motion, or that of any party, proceedings under this chapter may, upon notice and acceptance, be transferred to another court as the…

All reports, evaluations and other records from the department of health and human services, counselors, and guardians ad litem in proceedings under this chapter shall be filed with the court and all other parties at least 5 days prior to any hearing. Once filed with the court an…

I. (a) A petition alleging that a child is in need of services under RSA 169-D:2, II(a) may be filed by a truant officer or school official from the school district where the child is attending school with a judge or clerk of the court in the judicial district where the child is …

Upon the filing of any petition under RSA 169-D:5, the court shall serve the department of health and human services with a copy of the petition and the department shall be a party to and shall receive notice of all proceedings under this chapter from the court and all other part…

I. At any time after the filing of the petition and prior to an order of adjudication pursuant to RSA 169-D:14, the court may suspend the proceedings upon its own motion or upon the motion of any party, and continue the case under terms and conditions established by the parties a…

The department shall assess whether to offer the child and family, on a voluntary basis, any services permitted under RSA 169-D:17 except out-of-home placement of the child. The department may decline to offer services to a child or family if it concludes that the child does not …

I. (a) After a legally sufficient petition has been filed, unless the case is referred to the department pursuant to RSA 169-D:5 or a consent order is entered and approved, the court shall schedule an initial appearance and issue a summons, including a copy of the petition, to be…

I. Any person summoned who, without reasonable cause, fails to appear with the child, may be proceeded against as in case of contempt of court. II. If a summons cannot be served or the party served fails to obey the same, and in any case where it appears to the court that such su…

A child may be taken into temporary custody: I. Pursuant to a court order; or II. By a police officer or juvenile probation and parole officer when there are reasonable grounds to believe that a child has run away from his parents, guardian, or other custodian; or the circumstanc…

I. Except in emergencies, the department, its agent, or any person or agency it designates shall determine whether voluntary service options are appropriate for the child and family. A referral for this determination may be made by any person permitted to bring a petition under R…

An officer may, with court approval, release a child to an alternative to secure detention as defined in RSA 169-B:2, pending the arrival of the parent, guardian, or custodian. The alternative program may release the child to the parent, guardian, or custodian upon their arrival.…

Notwithstanding any other provisions of law, no child detained under this chapter shall be held for any period of time in a public or private facility, which includes construction fixtures designed to physically restrict the movements and activities of persons in custody, includi…

I. Facilities which are not physically restricted may receive for placement minors who have been adjudicated as children in need of services or minors who have been adjudicated as juvenile delinquents. II. Physically restricted facilities shall receive for commitment and detentio…

For any child placed in a qualified residential treatment program, as defined in the federal Family First Prevention Services Act of 2017: I. The department shall have an assessment completed within 30 days of placement by a qualified individual as defined by the federal Family F…

Any psychological evaluations, including measures of personality functioning, shall be conducted or supervised by a licensed psychologist with specialized training in the evidence-based treatment of childhood trauma.