Section 169-C:1 – Short Title.
169-C:1 Short Title. – This chapter shall be known as the Child Protection Act. Source. 1979, 361:2, eff. Aug. 22, 1979.
Section 169-C:10 – Attorneys and Guardians Ad Litem.
169-C:10 Attorneys and Guardians Ad Litem. – I. In cases brought pursuant to this chapter involving a neglected or abused child, the court shall appoint a Court Appointed Special Advocate (CASA) or other approved program guardian ad litem for the child. If a CASA or other approved program guardian ad litem is unavailable for […]
Section 169-C:10-a – Repealed by 1996, 248:10, eff. Jan. 2, 1997.
169-C:10-a Repealed by 1996, 248:10, eff. Jan. 2, 1997. –
Section 169-C:11 – Subpoena.
169-C:11 Subpoena. – A subpoena may be issued pursuant to RSA 516, or upon application of a party to the proceedings, or upon the motion of the court. The court may issue subpoenas requiring the production of papers and the attendance of any person whose presence is required by the child, his parents or […]
Section 169-C:12 – Evidence.
169-C:12 Evidence. – In any hearing under this chapter, the court shall not be bound by the technical rules of evidence and may admit evidence which it considers relevant and material. Evidence of prior founded or unfounded reports of abuse or neglect shall be admissible in proceedings under this chapter in order to establish […]
Section 169-C:12-a – Testimony During Abuse and Neglect Proceedings.
169-C:12-a Testimony During Abuse and Neglect Proceedings. – Testimony by parents who are the subject of an abuse and neglect petition and who are alleged to have abused or neglected a child, which is given during proceedings under this chapter or during a fair hearing conducted by the department, shall not be admissible in […]
Section 169-C:12-b – Filing Reports, Evaluations, and Other Records.
169-C:12-b Filing Reports, Evaluations, and Other Records. – 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 business days prior to any hearing. If a report, […]
Section 169-C:12-c – Medical Examinations of Child.
169-C:12-c Medical Examinations of Child. – A parent who is the subject of an abuse or neglect petition not involving sexual abuse shall be entitled to request a medical examination of each child involved by a licensed physician of the parent’s choice at the parent’s expense within 72 hours of the first official notice […]
Section 169-C:12-d – Court-Ordered Alcohol and Drug Testing.
169-C:12-d Court-Ordered Alcohol and Drug Testing. – The court may order alcohol or drug testing at any stage of the proceeding where substance abuse is an ongoing issue in the case, where alcohol or drug use is a disputed issue of fact, or where there is reason to believe that alcohol or drug use […]
Section 169-C:12-e – Repealed by 2016, 308:5, effective July 1, 2020.
169-C:12-e Repealed by 2016, 308:5, effective July 1, 2020. –
Section 169-C:12-f – Rebuttable Presumption of Harm.
[RSA 169-C:12-f repealed by 2020, 26:56, effective July 1, 2024.] 169-C:12-f Rebuttable Presumption of Harm. – There shall be a rebuttable presumption that a child’s health has suffered or is likely to suffer serious impairment by exposure to any of the following conduct: I. Evidence of a parent’s, guardian’s, or custodian’s substance misuse that […]
Section 169-C:12-g – Investigatory Interviews and Evaluations.
169-C:12-g Investigatory Interviews and Evaluations. – The court may order a parent, guardian, custodian, or other caregiver to produce a child for the purpose of an investigatory interview, including a multidisciplinary team interview in accordance with RSA 169-C:34-a or an interview or evaluation by any other expert necessary for the purpose of the investigation […]
Section 169-C:13 – Burden of Proof.
169-C:13 Burden of Proof. – The petitioner has the burden to prove the allegations in support of the petition by a preponderance of the evidence. Source. 1979, 361:2, eff. Aug. 22, 1979.
Section 169-C:14 – Hearings Not Open to the Public.
169-C:14 Hearings Not Open to the Public. – 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 their official […]
Section 169-C:14-a – Records of Hearings.
169-C:14-a Records of Hearings. – 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. Source. 1996, 248:2, eff. Jan. 2, 1997.
Section 169-C:15 – Preliminary Hearing.
169-C:15 Preliminary Hearing. – 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 […]
Section 169-C:16 – Preliminary Disposition.
169-C:16 Preliminary Disposition. – 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 legal supervision to a child […]
Section 169-C:17 – Consent Order.
169-C:17 Consent Order. – 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 child […]
Section 169-C:18 – Adjudicatory Hearing.
169-C:18 Adjudicatory Hearing. – 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 their right to […]
Section 169-C:19 – Dispositional Hearing.
169-C:19 Dispositional Hearing. – 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 the […]