169-B:1 Applicability of Chapter, Purpose. – This chapter shall apply to delinquent children as defined in RSA 169-B:2. This chapter shall be liberally interpreted, construed and administered to effectuate the following purposes and policies: I. To encourage the wholesome moral, mental, emotional, and physical development of each minor coming within the provisions of this […]
169-B:10 Juvenile Diversion. – I. An officer authorized under RSA 169-B:9 to take a minor into custody may dispose of the case without court referral by releasing the minor to a parent, guardian, or custodian. The officer shall make a written report to the officer’s department identifying the minor, specifying the grounds for taking […]
169-B:11 Release Prior to Arraignment. – An officer taking a minor into custody pursuant to RSA 169-B:9 may release the minor to a parent, guardian or custodian pending arraignment; however, if the minor is not released within 4 hours of being taken into custody, the court shall be notified, and thereupon, placement, until arraignment, […]
169-B:11-a Minor’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-B:12 Appointment of Counsel; Waiver of Counsel. – I. Absent a valid waiver, the court shall appoint counsel for an indigent minor pursuant to RSA 169-B:7, III. For purposes of this section, an indigent minor shall be a minor who satisfies the court, after appropriate inquiry, that the minor is financially unable to independently […]
169-B:12-a Repealed by 2020, 26:36, I, effective July 1, 2021. –
169-B:13 Arraignment; Court Referrals; Uncompensated Public Service by Minors. – 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 […]
169-B:14 Release or Detention Pending Adjudicatory Hearing. – 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 […]
169-B:15 No Detention at Jail. – Following arraignment no minor shall be detained in any facility where adults charged, convicted or committed for criminal offenses are simultaneously detained. Source. 1979, 361:2. 1992, 18:2, eff. Jan. 1, 1993.
169-B:15-a Inspection of Facilities; Lock-up Log. – 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 and time released […]
169-B:15-b 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, 248:1, eff. Jan. 2, 1997.
169-B:16 Adjudicatory Hearing. – 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 prosecution shall present witnesses to […]
169-B:16-a Limits on Extended Detention Following Adjudicatory Hearing. – 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 […]
169-B:17 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-B:18 Custody Pending Final Disposition. – Following the adjudicatory hearing, release pending the dispositional hearing shall be determined in accordance with RSA 169-B:14. Source. 1979, 361:2, eff. Aug. 22, 1979.
169-B:19 Dispositional Hearing. – 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 is the most appropriate: (a) […]
169-B:19-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-B:19-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, 308:62, eff. July 1, 1995.
169-B:19-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-B:19-d Placement in a Qualified Residential Treatment Program. – For any child placed in a qualified residential treatment program, as defined in the federal Family First Prevention Services Act of 2017, the court shall: I. Order an assessment to be completed within 30 days of placement by a qualified individual as defined by the […]
