170-C:1 Purpose. – The purpose of this chapter is to provide for the involuntary termination of the parent-child relationship by a judicial process which will safeguard the rights and interests of all parties concerned and when it is in the best interest of the child. Implicit in this chapter is the philosophy that whenever […]
170-C:10 Hearing. – Cases under this chapter shall be heard by the court sitting without a jury. The hearing may be conducted in an informal manner and may be adjourned from time to time. The general public and any member of the news media shall be excluded, and only such persons admitted whose presence […]
170-C:11 Decree. – I. Every order of the court terminating the parent-child relationship or transferring legal custody or guardianship of the person of the child shall be in writing and shall recite the findings upon which such order is based, including findings pertaining to the court’s jurisdiction. II. If the court finds grounds for […]
170-C:12 Effect of Decree. – An order terminating the parent-child relationship shall divest the parent and the child of all legal rights, privileges, duties and obligations. A guardian appointed under this chapter may give his consent to the adoption of such child in lieu of the parents whose parent-child relationship has been terminated by […]
170-C:13 Fees and Court Costs. – I. The petitioner shall pay all entry fees and court costs including costs of giving notice, costs of advertising, and court-appointed guardian ad litem fees. The court, however, may waive entry fees and court costs where payment would work a hardship on the petitioner. Where the court waives […]
170-C:14 Confidentiality of Records. – I. All hearings held in termination proceedings shall be in closed court without admittance of any person other than essential officers of the court, the parties, their witnesses, counsel, and representatives of the agencies present to perform their official duties. II. All papers and records, including birth certificates, pertaining […]
170-C:15 Appeals. – Any party aggrieved by any order or decree of the court may appeal to the supreme court. The pendency of an appeal, or an application therefor, shall not suspend the order of the court regarding the child. Source. 1973, 523:1, eff. Aug. 31, 1973. 2020, 37:40, eff. Sept. 27, 2020.
170-C:2 Definitions. – When used in this chapter, unless the text otherwise requires: I. "Court" means the probate court. II. "Child" or "minor" means a person less than 18 years of age. III. The singular includes the plural, the plural the singular, and the masculine the feminine, when consistent with the intent of the […]
170-C:3 Jurisdiction. – The probate court shall have exclusive original jurisdiction over petitions to terminate the parent-child relationship when the child involved is present in the state or is in the legal custody or legal guardianship of an authorized agency located in the state. The petition shall be filed in the probate court of […]
170-C:4 Petition. – A petition for termination of the parent-child relationship may be filed by the following: I. Either parent when termination of the parent-child relationship is sought with respect to the other parent. II. The guardian of the person or the legal custodian of the child or the foster parents. Foster parents may […]
170-C:5 Grounds for Termination of the Parent-Child Relationship. – The petition may be granted where the court finds that one or more of the following conditions exist: I. The parent has abandoned the child. It shall be presumed that the parent intends to abandon the child who has been left by his parent without […]
170-C:5-a Termination of the Parent-Child Relationship in Cases of Sexual Assault. – A petition for termination of the parent-child relationship shall be granted in cases where the child’s birth is the result of sexual assault of the birth mother and where termination of the parent-child relationship is in the best interests of the child. […]
170-C:6 Contents of Petition. – The petition for the termination of the parent-child relationship shall include, to the best information or belief of the petitioner: I. The name and place of residence of the petitioner. II. The name, sex, date and place of birth, and residence of the child. III. The basis for the […]
170-C:7 Notice. – After a petition has been filed, the court shall set the time and place for a hearing and shall give notice thereof to the petitioner who shall cause notice to be given to the parents of the child, the guardian of the person of the child, the person having legal custody […]
170-C:8 Guardian Ad Litem. – When termination of the parent-child relationship is sought under RSA 170-C:5, IV, the court shall appoint a guardian ad litem for the alleged incompetent parent. The court shall appoint a guardian ad litem to represent the interests of the child in all termination hearings. The court may, in any […]
170-C:9 Social Study Prior to Disposition. – I. Upon the filing of a petition, the court shall direct that a social study be made by the department of health and human services or by any other authorized agency and that a report in writing of such study be submitted to the court prior to […]
170-C:9-a Evaluations. – The court, at any time prior to the final decree, may order the child who is subject to the petition or the parents of such child or both the child and the parents to undergo a mental health evaluation. Such an evaluation shall be done at a mental health center or […]
