169-D:1 Applicability of Chapter; Purpose. – This chapter shall apply to children in need of services as hereinafter defined and shall be construed and administered in accordance with the following purposes and policies: I. To recognize that certain behaviors occurring within a family or school environment indicate that a child is experiencing serious difficulties […]
169-D:10 Release Prior to Initial Appearance. – I. An officer taking a child into custody pursuant to RSA 169-D:8 shall release the child to a parent, guardian or custodian pending initial appearance; however, if a parent, guardian or custodian is not available upon taking the child into custody, the court shall be notified, thereupon […]
169-D:10-a Removal of Child From Home. – No child subject to a petition brought under this chapter shall be removed from his home unless: I. Clear and convincing evidence is presented to the court to show it is against the child’s best interest to remain in the home under the circumstances presented in such […]
169-D:10-b Child’s Welfare; Findings Regarding Removal. – I. The court shall, in its first court ruling that sanctions, even temporarily, the removal of a minor from the home, determine whether continuation in the home is contrary to the minor’s welfare. II. The court shall, within 60 days of a minor’s removal from the home, […]
169-D:11 Initial Appearance. – 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 […]
169-D:12 Appointment of Counsel; Waiver of Counsel. – 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. […]
169-D:12-a Repealed by 2020, 26:36, II, effective July 1, 2021. –
169-D:13 Release Pending Adjudicatory Hearing. – 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 […]
169-D:13-a Notification of Right to Request Records. – 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, 248:5, eff. Jan. 2, 1997.
169-D:14 Adjudicatory Hearing. – 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 their right to appeal. […]
169-D:15 Burden of Proof. – The petitioner has the burden to prove the allegations in support of the petition beyond a reasonable doubt. Source. 1979, 361:2, eff. Aug. 22, 1979.
169-D:16 Release Pending Final Disposition. – Following the adjudicatory hearing, custody pending the dispositional hearing shall be determined in accordance with RSA 169-D:13. Source. 1979, 361:2, eff. Aug. 22, 1979.
169-D:17 Dispositional Hearing. – 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 recommendation of the department of health and human […]
169-D:17-a Out-of-District Placement. – 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 subsequent modifications of […]
169-D:17-b Presumption in Favor of In-State Placements. – 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. Source. 1995, 308:81, eff. July 1, 1995.
169-D:17-c Court Order for Services, Placements, and Programs Required for Minors From Certain Providers Qualified for Third-Party Payment. – 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. Source. 1996, […]
169-D:18 Disposition of Child With a Disability. – 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 […]
169-D:18-a Determination of Competence. – 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 […]
169-D:18-b Notice to School District of Out-of-Home Placement; Development of Transition Plan. – 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 […]
169-D:19 Modification of Dispositional Orders. – 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 dismiss the motion if the […]
