reglab/housing_qa huggingface dataset:
NH Rev Stat § 169-D:1 (2021)
2021 New Hampshire Revised Statutes|Title XII - Public Safety and Welfare|Title 169-D - Children in Need of Services|Section 169-D:1 - Applicability of Chapter; Purpose.

    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 and is in need of services and corrective action in order to protect the child from the irreversibility of certain choices, and to protect the integrity of the family and the authority it must maintain in order to fulfill its responsibilities to raise the next generation. To further provide the child with the treatment, care, guidance, counseling, discipline, supervision, and rehabilitation necessary to assist him in becoming a responsible and productive member of society;||II. To recognize that we must no longer bring the weight of family problems down on the child alone but that parents must be made aware of their contribution to the problem and must account for their role in the solution of the problem, and must accept the responsibility to participate in any program of care ordered by the court in order to assure that the outcome may have a good probability of success while, at the same time, supporting families in their mission to teach values to youth and to exercise reasonable control of their children;||III. To keep a child, whenever possible, in contact with his home community and in a family environment by preserving and strengthening the unity of the family and separating the child from his parents only when it is clearly necessary for his welfare or the interests of public safety, and when it can be clearly shown that a change in custody and control will benefit the child;||IV. To protect the integrity of the family by authorizing adjudication and the imposition of dispositional judgment requiring participation in a plan of services or by offering appropriate voluntary alternatives; and||V. To provide effective judicial procedures through which family service plans are executed and enforced, and which assure the parties fair hearings at which their constitutional and other rights as citizens are recognized and protected.|||Source. 1979, 361:2. 1990, 201:6. 1999, 266:1, 2. 2013, 249:1, eff. Sept. 1, 2013.|
NH Rev Stat § 169-D:3 (2021)
2021 New Hampshire Revised Statutes|Title XII - Public Safety and Welfare|Title 169-D - Children in Need of Services|Section 169-D:3 - Jurisdiction.

    169-D:3 Jurisdiction. –||I. The court shall have exclusive original jurisdiction over all proceedings alleging a child is in need of services.||II. The court may, with the consent of the child, retain jurisdiction over any child who, prior to his eighteenth birthday, was found to be a child in need of services, and who is attending school for the purpose of obtaining a high school diploma or general equivalency diploma. The court shall make orders relative to the support and maintenance of the child during the period after the child's eighteenth birthday as justice may require.||III. The court shall close the case when the child reaches age 18, or if jurisdiction is retained, when the child ceases to be enrolled as a full-time student during sessions of the school, or graduates from such school, or upon reaching the age of 21, whichever shall first occur.|||Source. 1979, 361:2. 1992, 11:2, eff. July 1, 1992.|
NH Rev Stat § 169-D:4 (2021)
2021 New Hampshire Revised Statutes|Title XII - Public Safety and Welfare|Title 169-D - Children in Need of Services|Section 169-D:4 - Venue.

    169-D:4 Venue. –||I. Proceedings under this chapter may be originated in any judicial district in which the child is found or resides.||II. By the court, upon its own motion, or that of any party, proceedings under this chapter may, upon notice and acceptance, be transferred to another court as the interests of justice or convenience of the parties require.||III. When a child who is on conditional release moves from one political subdivision to another, the court may transfer, upon notice and acceptance, to the court with jurisdiction over the political subdivision of the child's new residence, if such transfer is in the best interest of the child.|||Source. 1979, 361:2. 1987, 402:8, eff. Jan. 1, 1988.|
NH Rev Stat § 169-D:4-a (2021)
2021 New Hampshire Revised Statutes|Title XII - Public Safety and Welfare|Title 169-D - Children in Need of Services|Section 169-D:4-a - Filing Reports, Evaluations, and Other Records.

    169-D:4-a 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 days prior to any hearing. Once filed with the court and given to all other parties, the report, evaluation or other record need not be refiled during the proceeding. Failure to comply with the provisions of this section shall not be grounds for dismissal of the petition.|||Source. 1991, 57:3. 1994, 212:2. 1995, 310:181, eff. Nov. 1, 1995.|
NH Rev Stat § 169-D:5-a (2021)
2021 New Hampshire Revised Statutes|Title XII - Public Safety and Welfare|Title 169-D - Children in Need of Services|Section 169-D:5-a - Notice of Petition to Department of Health and Human Services.

    169-D:5-a Notice of Petition to Department of Health and Human Services. –||Upon the filing of any petition under RSA 169-D:5, the court shall serve the department of health and human services with a copy of the petition and the department shall be a party to and shall receive notice of all proceedings under this chapter from the court and all other parties.|||Source. 1995, 308:76; 310:175, 181. 2004, 31:2, eff. Jan. 1, 2005.|
NH Rev Stat § 169-D:5-b (2021)
2021 New Hampshire Revised Statutes|Title XII - Public Safety and Welfare|Title 169-D - Children in Need of Services|Section 169-D:5-b - Consent Order.

    169-D:5-b Consent Order. –||I. At any time after the filing of the petition and prior to an order of adjudication pursuant to RSA 169-D:14, the court may suspend the proceedings upon its own motion or upon the motion of any party, and continue the case under terms and conditions established by the parties and approved by the court.||II. A consent order shall not be approved unless the department consents and the child and parents, guardian, or custodian are informed of the consequences of the order by the court and the court determines that the child and parents voluntarily and intelligently consent to the terms and conditions of the order.|||Source. 1995, 308:76; 310:175, eff. Nov. 1, 1995.|
NH Rev Stat § 169-D:5-c (2021)
2021 New Hampshire Revised Statutes|Title XII - Public Safety and Welfare|Title 169-D - Children in Need of Services|Section 169-D:5-c - Voluntary Services.

    169-D:5-c Voluntary Services. –||The department shall assess whether to offer the child and family, on a voluntary basis, any services permitted under RSA 169-D:17 except out-of-home placement of the child. The department may decline to offer services to a child or family if it concludes that the child does not meet the definition of child in need of services in RSA 169-D:2, II, or if the department otherwise determines that voluntary services are not appropriate for the child or family. The department shall document the basis for its decision. Notwithstanding RSA 541-A, the department's decision shall not be subject to appeal, nor shall the fact that the department declined to offer voluntary services preclude a person from filing a petition under RSA 169-D:5, I. Voluntary services provided under this section shall not exceed 9 months, unless the department determines that an extension for an additional, specified period of time is appropriate.|||Source. 2013, 249:6, eff. Sept. 1, 2013.|
NH Rev Stat § 169-D:6 (2021)
2021 New Hampshire Revised Statutes|Title XII - Public Safety and Welfare|Title 169-D - Children in Need of Services|Section 169-D:6 - Issuance of Summons and Notice.

    169-D:6 Issuance of Summons and Notice. –||I. (a) After a legally sufficient petition has been filed, unless the case is referred to the department pursuant to RSA 169-D:5 or a consent order is entered and approved, the court shall schedule an initial appearance and issue a summons, including a copy of the petition, to be served personally upon the person having custody or control of the child or with whom the child may be, requiring that person to appear with the child on the specified date and time.||(b) If personal service is not possible, service shall occur at the usual place of abode of the person having custody or control of the child or with whom the child may be, requiring that person to appear with the child at a specified place and time which time shall not be less than 24 hours after service. If the person so notified is not the parent or guardian of the child, then a parent or guardian shall be notified, provided they and their residence are known.||II. A copy of the petition shall be attached to each summons or incorporated therein.||III. The summons shall state as follows: "With limited exception, the department of health and human services shall be responsible for the cost of services provided under this chapter. RSA 186-C regarding children with disabilities grants children and their parents certain rights to services from school districts at public expense and to appeal school district decisions regarding services to be provided."|||Source. 1979, 361:2. 1983, 458:9. 1990, 140:2, X. 1995, 308:77. 1999, 199:1; 266:5. 2006, 291:3. 2008, 274:31. 2013, 249:7, eff. Sept. 1, 2013. 2020, 26:24, eff. July 1, 2020.|
NH Rev Stat § 169-D:7 (2021)
2021 New Hampshire Revised Statutes|Title XII - Public Safety and Welfare|Title 169-D - Children in Need of Services|Section 169-D:7 - Failure to Appear; Warrant.

    169-D:7 Failure to Appear;  Warrant. –||I. Any person summoned who, without reasonable cause, fails to appear with the child, may be proceeded against as in case of contempt of court.||II. If a summons cannot be served or the party served fails to obey the same, and in any case where it appears to the court that such summons will be ineffectual, a warrant may be issued for the child's appearance or for the appearance of anyone having custody or control of the child or for both.|||Source. 1979, 361:2, eff. Aug. 22, 1979.|
NH Rev Stat § 169-D:8 (2021)
2021 New Hampshire Revised Statutes|Title XII - Public Safety and Welfare|Title 169-D - Children in Need of Services|Section 169-D:8 - Temporary Custody.

    169-D:8 Temporary Custody. –||A child may be taken into temporary custody:||I. Pursuant to a court order; or||II. By a police officer or juvenile probation and parole officer when there are reasonable grounds to believe that a child has run away from his parents, guardian, or other custodian; or the circumstances are such as to endanger the child's health or welfare unless immediate action is taken.|||Source. 1979, 361:2. 1987, 402:12. 2000, 294:9, eff. July 1, 2000.|
NH Rev Stat § 169-D:9-a (2021)
2021 New Hampshire Revised Statutes|Title XII - Public Safety and Welfare|Title 169-D - Children in Need of Services|Section 169-D:9-a - Use of Alternative to Secure Detention.

    169-D:9-a Use of Alternative to Secure Detention. –||An officer may, with court approval, release a child to an alternative to secure detention as defined in RSA 169-B:2, pending the arrival of the parent, guardian, or custodian. The alternative program may release the child to the parent, guardian, or custodian upon their arrival. Any court, police, or juvenile probation and parole officer, acting in good faith pursuant to this section, shall have immunity from any liability, civil or criminal, which might otherwise be incurred or imposed as a result of release to an alternative to secure detention.|||Source. 1988, 197:7. 2000, 294:9, eff. July 1, 2000.|
NH Rev Stat § 169-D:9-b (2021)
2021 New Hampshire Revised Statutes|Title XII - Public Safety and Welfare|Title 169-D - Children in Need of Services|Section 169-D:9-b - Prohibited Manner of Detention.

    169-D:9-b Prohibited Manner of Detention. –||Notwithstanding any other provisions of law, no child detained under this chapter shall be held for any period of time in a public or private facility, which includes construction fixtures designed to physically restrict the movements and activities of persons in custody, including but not limited to locked rooms and buildings, fences, or other physical structures. This section shall not be construed to prohibit detention in facilities where physical restriction of movement or activity is provided solely through facility staff.|||Source. 1988, 197:7. 1992, 18:6, eff. Jan. 1, 1993.|
NH Rev Stat § 169-D:9-c (2021)
2021 New Hampshire Revised Statutes|Title XII - Public Safety and Welfare|Title 169-D - Children in Need of Services|Section 169-D:9-c - Detention in Certain Facilities; CHINS and Juvenile Delinquents.

    169-D:9-c Detention in Certain Facilities;  CHINS and Juvenile Delinquents. –||I. Facilities which are not physically restricted may receive for placement minors who have been adjudicated as children in need of services or minors who have been adjudicated as juvenile delinquents.||II. Physically restricted facilities shall receive for commitment and detention only those minors who have been adjudicated juvenile delinquents pursuant to RSA 169-B or who are awaiting the court's disposition regarding allegations of juvenile delinquency. Physically restricted facilities which are primarily used for psychiatric treatment or evaluation shall not be limited only to such minors.|||Source. 1990, 201:10, eff. June 26, 1990.|
NH Rev Stat § 169-D:9-d (2021)
2021 New Hampshire Revised Statutes|Title XII - Public Safety and Welfare|Title 169-D - Children in Need of Services|Section 169-D:9-d - Placement in a Qualified Residential Treatment Program.

    169-D:9-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 federal Family First Prevention Services Act of 2017; and||II. Review the assessment and issue an order approving the placement or changing the placement within 60 days of placement.|||Source. 2021, 122:71, eff. July 9, 2021.|
NH Rev Stat § 169-D:10 (2021)
2021 New Hampshire Revised Statutes|Title XII - Public Safety and Welfare|Title 169-D - Children in Need of Services|Section 169-D:10 - Release Prior to Initial Appearance.

    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 the child's release shall be determined by the court.||II. Pending the initial appearance, the court shall release the child to one of the following, which in the court's opinion is the least restrictive and most appropriate:||(a) A parent or guardian;||(b) A relative or suitable adult;||(c) Where there are reasonable grounds to believe that the child is a runaway under RSA 169-D:2, II(b) or that the child is a child in need of services under RSA 169-D:2, II(d), the custody of department of health and human services for placement in a foster home, as defined in RSA 169-C:3, XIII, a group home, a crisis home, or a shelter care facility with expenses chargeable as provided in RSA 169-D:29; or||(d) [Repealed.]||(e) An alcohol crisis center certified to accept juveniles.||III. Where there are reasonable grounds to believe that the child is a runaway under RSA 169-D:2, II(b) or that the child is a child in need of services under RSA 169-D:2, II(d) and there is no shelter care/detention bed available, nor an appropriate parent, guardian, or custodian as defined in paragraph II of this section available, the court or the officer taking the child into temporary custody shall notify the department. If the child cannot be referred to an alternative to secure detention, the court shall make an order authorizing the department to place the child. The department shall then promptly arrange for placement of the child.|||Source. 1979, 361:2. 1982, 39:15. 1988, 197:13. 1989, 285:8. 1995, 310:175. 2001, 117:6. 2007, 325:12, 15, III. 2013, 249:9, eff. Sept. 1, 2013.|
NH Rev Stat § 169-D:10-a (2021)
2021 New Hampshire Revised Statutes|Title XII - Public Safety and Welfare|Title 169-D - Children in Need of Services|Section 169-D:10-a - Removal of Child From Home.

    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 petition;||II. A case plan for return of the child to the home has been recommended by the department, which in its recommendation shall address parent and child responsibility, and ordered by the court; provided, however, that in cases brought by a parent, guardian or custodian, the parent, guardian or custodian shall consent to the order.|||Source. 1990, 201:11. 1995, 310:175, eff. Nov. 1, 1995.|
NH Rev Stat § 169-D:10-b (2021)
2021 New Hampshire Revised Statutes|Title XII - Public Safety and Welfare|Title 169-D - Children in Need of Services|Section 169-D:10-b - Child's Welfare; Findings Regarding Removal.

    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, determine and issue written findings as to whether reasonable efforts were made or were not required to prevent the minor's removal. In determining whether reasonable efforts were made to prevent the minor's removal, the court shall consider whether services to the family have been accessible, available, and appropriate.|||Source. 2007, 236:19, eff. Jan. 1, 2008.|
NH Rev Stat § 169-D:11 (2021)
2021 New Hampshire Revised Statutes|Title XII - Public Safety and Welfare|Title 169-D - Children in Need of Services|Section 169-D:11 - Initial Appearance.

    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 RSA 169-D:12;||(c) Establish any conditions for release;||(d) Set a hearing date; and||(e) Inquire of the child and a parent or guardian of the child if the child has been:||(1) Determined to have an intellectual disability;||(2) Determined to have a mental illness, emotional or behavioral disorder, or another disorder that may impede the child's decision-making abilities; ||(3) Identified as eligible for special education services; or||(4) Previously referred to a care management entity as defined in RSA 135-F:4, III.||II-a. However, no plea shall be taken until the child has had the opportunity to consult with counsel or until a waiver is filed pursuant to RSA 169-D:12.||II-b. The court may, at the initial appearance or at any time thereafter, with the consent of the minor and the minor's family, refer the minor and family to a care management entity as defined in RSA 135-F:4, III for evaluation and/or behavioral health services to be coordinated and supervised by that entity.||III. After hearing, the court may, with the consent of the child, dispose of the petition by ordering the child to participate in a court approved diversion program or other intervention program.|||Source. 1979, 361:2. 2010, 175:6. 2013, 249:10, eff. Sept. 1, 2013. 2014, 271:1, eff. July 28, 2014. 2019, 44:10, 11, eff. Aug. 2, 2019; 346:338, 339, eff. July 1, 2019.|
NH Rev Stat § 169-D:12 (2021)
2021 New Hampshire Revised Statutes|Title XII - Public Safety and Welfare|Title 169-D - Children in Need of Services|Section 169-D:12 - Appointment of Counsel; Waiver of Counsel.

    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. The court may accept a waiver of counsel from a child alleged to be in need of services only when:||(a) The parent, guardian, or custodian did not file the petition;||(b) Both the child and parent, guardian, or custodian agree to waive counsel;||(c) In the court's opinion, the waiver is made competently, voluntarily, and with full understanding of the consequences; and||(d) The petition does not allege that the child is in need of services pursuant to RSA 169-D:2, II(d).||III. Whenever the court places the child outside his or her home, the court shall ensure that the child is continuously represented by counsel until the case is closed pursuant to RSA 169-D:3, III. Appointment of counsel pursuant to this paragraph shall be made at a time sufficiently in advance of the decision to place the child outside the home to allow counsel to provide effective representation on the issue of placement.|||Source. 1979, 361:2. 1995, 308:78. 1996, 248:4. 2008, 274:13, eff. July 1, 2008. 2020, 26:33, eff. July 1, 2020; 26:34, eff. July 1, 2021.|
NH Rev Stat § 169-D:12-a (2021)
2021 New Hampshire Revised Statutes|Title XII - Public Safety and Welfare|Title 169-D - Children in Need of Services|Section 169-D:12-a - Repealed by 2020, 26:36, II, effective July 1, 2021.

    169-D:12-a Repealed by 2020, 26:36, II, effective July 1, 2021. –|
NH Rev Stat § 169-D:13 (2021)
2021 New Hampshire Revised Statutes|Title XII - Public Safety and Welfare|Title 169-D - Children in Need of Services|Section 169-D:13 - Release Pending Adjudicatory Hearing.

    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 and care of a relative; or||(c) Where the petition alleges that the child is a habitual runaway under RSA 169-D:2, II(b) or that the child is a child in need of services under RSA 169-D:2, II(d), released to the custody of the department of health and human services for placement in a foster home, as defined in RSA 169-C:3, XIII, a group home, a crisis home, or a shelter care facility with expenses chargeable as provided in RSA 169-D:29.||(d) [Repealed.]||I-a. Where the petition alleges that the child is a habitual truant under RSA 169-D:2, II(a), that the child repeatedly disregards the reasonable and lawful commands of his or her parents, guardian, or custodian under RSA 169-D:2, II(b), or that the child repeatedly or habitually engages in conduct that constitutes violation level offenses under RSA 169-D:2, II(c), the court shall not order the out-of-home placement of the child.||II. The adjudicatory hearing shall be held within 21 days of the initial appearance.||III. All orders issued pursuant to this section shall set forth the findings as to the form of release or any conditions in writing and shall state any custody provisions under paragraph I.|||Source. 1979, 361:2. 1982, 39:16. 2001, 117:7. 2007, 325:13, 15, IV. 2013, 249:11, eff. Sept. 1, 2013.|