Title XII, Public Safety and Welfare

The petitioner has the burden to prove the allegations in support of the petition by a preponderance of the evidence.

I. No minor shall be detained for more than 24 hours, Sundays and holidays excluded, from the time of being taken into custody without being brought before a court. At any arraignment the court shall: (a) Advise the minor in writing and orally of any formal charges; (b) Inform th…

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.

The general public shall be excluded from any hearing under this chapter and such hearing shall, whenever possible, be held in rooms not used for criminal trials. Only such persons as the parties, their witnesses, counsel and representatives of the agencies present to perform the…

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…

I. Following arraignment a minor alleged to be delinquent may be ordered by the court to be: (a) Retained in the custody of a parent, guardian, or custodian; or (b) Released in the supervision and care of a relative or friend; or (c) Released to the custody of the department of h…

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.

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

I. After an ex parte order is issued or petition filed, a preliminary hearing shall be conducted by the court to determine if reasonable cause exists to believe that the child is abused or neglected. II. If the court does not find reasonable cause to believe that the child is abu…

Following arraignment no minor shall be detained in any facility where adults charged, convicted or committed for criminal offenses are simultaneously detained.

Each facility used by law enforcement, county sheriffs, or state police to securely detain minors shall establish a lock-up log for all minors securely detained. The log shall contain the identification number, the charge, the date and time locked in secure detention, the date an…

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. Each facility paid for in whole or in part with general funds and used by law enforcement, county sheriffs, or state police to securely detain minors shall continuously record and store digital video of activity in all common areas. Areas requiring privacy pursuant to federal …

I. An adjudicatory hearing under this chapter shall be conducted by the court, separate from the trial of criminal cases. II. Following arraignment, the court shall proceed to hear the case in accordance with the due process rights afforded a minor charged with delinquency. The p…

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

I. If the court finds sufficient facts to sustain the petition, at a preliminary disposition, the court may: (a) Permit the child to remain with the parent, relative, guardian, or other custodian, subject to such conditions and limitations as the court may prescribe. (b) Transfer…

Following the initial dispositional order issued pursuant to RSA 169-B:19 regarding a charge or charges arising out of a single incident, a child shall not be securely detained for a period or periods totaling longer than 21 days while awaiting placement or a hearing regarding a …

I. At any time after the filing of the petition and prior to an order of adjudication pursuant to RSA 169-C:18, the court may approve a written agreement entered into among or between the parties. II. A consent order shall not be approved unless the department consents and the ch…

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

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

Following the adjudicatory hearing, release pending the dispositional hearing shall be determined in accordance with RSA 169-B:14.

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…

I. The department of health and human services shall provide the court with costs of the recommended services, placements and programs. If the court finds that a minor is delinquent, the court shall order the least restrictive of the following dispositions, which the court finds …

The department of health and human services shall provide the court with the costs of the recommended services, placements and programs. If the court finds that a child is abused or neglected or if the court issues a consent order pursuant to RSA 169-C:17, II, the court may order…

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 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…

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.

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 no options for in-state placement exist and the out-of-state placement offers s…

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.

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.

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…

I. The department shall place a child with the child's siblings unless doing so would be harmful to the child or siblings, or otherwise not in the child's best interest. II. If siblings are not placed together, reasonable efforts shall be made to provide for visitation with sibli…

I. There shall be a rebuttable presumption that a parent who has not been charged with abuse or neglect is fit to perform his or her parental duties. This presumption may be challenged by the state with a full hearing in the circuit court regarding such parent's ability to obtain…

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.

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 by, or supervised by, a licensed psychologist with specialized training in the evidence-based treatment of childhood trauma.

If the court finds that a child is abused or neglected or if the court issues a consent order pursuant to RSA 170-E:25, the court shall enter an order regarding the placement of the child, in the following order of preference: I. If remaining in the care of the child's parent or …

In this chapter: I. "Adult lock-up or jail" means a locked facility, used primarily to house adults charged with or convicted of violating criminal law. This includes police lock-ups, county correctional facilities, and any facility used by county sheriffs, state police, or local…

In cases in which the court does not follow a case plan or written recommendation from the department of health and human services, the court shall issue written findings explaining why the case plan or recommendation was not followed.