reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 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.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 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.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 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.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 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.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 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.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 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.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 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.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 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.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 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.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-D - Children in Need of Services › Section 169-D:13-a - Notification of Right to Request Records.

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.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-D - Children in Need of Services › Section 169-D:15 - Burden of Proof.

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.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-D - Children in Need of Services › Section 169-D:16 - Release Pending Final Disposition.

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.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-D - Children in Need of Services › Section 169-D:17-a - Out-of-District Placement.

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 that order.
Source.
1991, 324:3, eff. Aug. 27, 1991.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-D - Children in Need of Services › Section 169-D:17-b - Presumption in Favor of In-State Placements.

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.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-D - Children in Need of Services › Section 169-D:17-c - Court Order for Services, Placements, and Programs Required for Minors From Certain Providers Qualified for Third-Party Payment.

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, 286:12, eff. June 10, 1996.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-D - Children in Need of Services › Section 169-D:18-a - Determination of Competence.

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 alleged in the petition. The evaluation shall be completed within 60 days of the date of such order and shall be conducted by an agency which is approved by the commissioner of health and human services, or conducted by a psychologist licensed in New Hampshire or a qualified psychiatrist, or by a facility providing child inpatient psychiatric treatment within the state mental health system only upon receiving prior approval for admission of the child for such evaluation by the commissioner of the department of health and human services. The evaluation shall be submitted to the court in writing prior to the hearing on the merits.
II. The court shall inform the child of his right to object to the evaluation; if he does object, he shall do so in writing to the court within 5 days of the court's order for the evaluation. The court shall hold a hearing to consider the objection, and may, for good cause, excuse the child from the evaluation.
III. Whenever such an evaluation has been made previously for consideration at a prior proceeding, it shall be jointly reviewed by the court and the evaluating agency before the case is heard. The evaluator shall keep records of having conducted the evaluation, but no reports or records shall be made available, other than to the court and parties, except upon the written consent of the child or his legal representative, parent or guardian or pursuant to RSA 169-B:35.
Source.
1990, 201:13. 1994, 212:2. 1995, 310:182. 1998, 234:6, eff. Oct. 31, 1998. 2020, 26:27, eff. July 1, 2020. 2022, 272:50, eff. June 24, 2022.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-D - Children in Need of Services › Section 169-D:18-b - Notice to School District of Out-of-Home Placement; Development of Transition Plan.

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 in placement and shall work with the school district to determine how, consistent with the best interest of the child, to assure the child's educational stability.
II. When necessary to transition the child to a different school or school district, the department and school district shall develop a transition plan for the child. The objective of the plan shall be to minimize the number of placements for the child and to facilitate any change in placement or school assignment with the least disruption to the child's education. To the extent appropriate, the child may be involved in the formation of the plan.
Source.
2018, 51:3, eff. July 14, 2018.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-D - Children in Need of Services › Section 169-D:19 - Modification of Dispositional Orders.

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 allegations are not substantiated in the hearing.
Source.
1979, 361:2. 1995, 308:82; 310:175, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-D - Children in Need of Services › Section 169-D:20 - Appeals.

169-D:20 Appeals. –
An appeal, under this chapter, may be taken to the superior court by the child, parent, guardian or custodian, within 30 days of the final dispositional order, but an appeal shall not suspend the order or decision of the court unless the court so orders. The superior court shall hear the matter de novo, and shall give an appeal under this chapter priority on the court calendar.
Source.
1979, 361:2, eff. Aug. 22, 1979.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-D - Children in Need of Services › Section 169-D:21 - Periodic Review of Disposition Required.

169-D:21 Periodic Review of Disposition Required. –
I. The court shall conduct periodic review hearings to review the disposition of a child under RSA 169-D:17. The court may review a case at any time.
II. At this hearing, the court shall determine whether the department has made reasonable efforts to finalize the permanency plan that is in effect. Where reunification is the permanency plan that is in effect, the court shall consider whether services to the family have been accessible, available, and appropriate.
Source.
1979, 361:2. 2007, 236:21, eff. Jan. 1, 2008.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-D - Children in Need of Services › Section 169-D:21-a - Permanency Hearings.

169-D:21-a Permanency Hearings. –
I. For a child who enters an out-of-home placement prior to an adjudicatory finding and who is in an out-of-home placement for 12 or more months, the court shall hold and complete an initial permanency hearing within 14 months of the child's entry into out-of-home placement or within 12 months of the court's adjudicatory finding, whichever is earlier. For a child who enters an out-of-home placement subsequent to an adjudicatory finding and who is in an out-of-home placement for 12 or more months, the court shall hold and complete an initial permanency hearing within 12 months of the child's entry into out-of-home placement. For a child who is in out-of-home placement following the initial permanency hearing, the court shall hold and complete a subsequent permanency hearing within 12 months of the initial permanency hearing and every 12 months thereafter as long as the child is in an out-of-home placement.
II. At a permanency hearing the court shall consider whether the parent or parents and child have met the responsibilities pursuant to the dispositional orders issued by the court. If compliance with the dispositional orders pursuant to RSA 169-D:17 is not met, the court may adopt a permanency plan other than reunification for the child. Other options for a permanency plan include:
(a) Termination of parental rights or parental surrender when an adoption is contemplated;
(b) Guardianship with a fit and willing relative or another appropriate party; or
(c) Another planned permanent living arrangement.
III. At a permanency hearing the court shall determine whether the department has made reasonable efforts to finalize the permanency plan that is in effect. Where reunification is the permanency plan that is in effect, the court shall consider whether services to the family have been accessible, available, and appropriate.
Source.
2007, 236:22. 2008, 213:2, eff. Aug. 15, 2008.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-D - Children in Need of Services › Section 169-D:22 - Limitations of Authority Conferred.

169-D:22 Limitations of Authority Conferred. –
This chapter shall not be construed as applying to persons 16 years of age or over who are charged with the violation of a motor vehicle law, an aeronautics law, a law relating to navigation of boats, a fish and game law, a law relating to title XIII, or a law relating to fireworks under RSA 160-B or RSA 160-C, and shall not be construed as applying to any minor charged with the violation of any law relating to the possession, sale, or distribution of tobacco products to or by a person under 21 years of age.
Source.
1979, 361:2. 1995, 308:83. 1999, 348:16, eff. Jan. 21, 2000. 2019, 346:106, eff. Jan. 1, 2020. 2020, 37:116, eff. July 29, 2020.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-D - Children in Need of Services › Section 169-D:23 - Religious Preference.

169-D:23 Religious Preference. –
The court and officials in placing children shall, as far as practicable, place them in the care and custody of some individual holding the same religious belief as the child or parents of the said child, or with some association which is controlled by persons of like religious faith. No child under the supervision of any state institution shall be denied the free exercise of his religion or that of his parents, whether living or dead, nor the liberty of worshipping God according thereto.
Source.
1979, 361:2, eff. Aug. 22, 1979.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-D - Children in Need of Services › Section 169-D:24 - Court Sessions.

169-D:24 Court Sessions. –
All hearings shall be held separate from the trial of criminal cases and such hearings shall be held wherever possible in rooms not used for such trials. Only such persons as the parties, their witnesses, counsel and representatives of the agencies present to perform their official duties shall be admitted.
Source.
1979, 361:2, eff. Aug. 22, 1979.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-D - Children in Need of Services › Section 169-D:25 - Case and Court Records.

169-D:25 Case and Court Records. –
I. All case records, defined in RSA 170-G:8-a, relative to children in need of services, shall be confidential and access shall be provided pursuant to RSA 170-G:8-a.
II. The court records of proceedings under this chapter shall be kept in books and files separate from all other court records. Such records shall be withheld from public inspection but shall be open to inspection by juvenile probation and parole officers, a parent, a guardian, a custodian, the relevant county, the minor's attorney and others entrusted with the supervision of the child. Additional access to court records may be granted by court order or upon the written consent of the minor. Once a child in need of services reaches 18 years of age, all court and police records shall be destroyed.
Source.
1979, 361:2. 1987, 402:14. 1993, 266:5; 355:6. 2000, 294:10, eff. July 1, 2000.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-D - Children in Need of Services › Section 169-D:26 - Penalty for Disclosure of Records.

169-D:26 Penalty for Disclosure of Records. –
It shall be unlawful for any person to disclose court records, or any part thereof, to persons other than those entitled to access under RSA 169-D:25, except by court order. Any person who knowingly violates this provision shall be guilty of a misdemeanor.
Source.
1979, 361:2. 1993, 355:7, eff. Sept. 1, 1993.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-D - Children in Need of Services › Section 169-D:27 - Publication Restricted.

169-D:27 Publication Restricted. –
It shall be unlawful for any newspaper to publish, or any radio or television station to broadcast or make public the name or address or any other particular information serving to identify any child taken into custody, without the express permission of the court; and it shall be unlawful for any newspaper to publish, or any radio or television station to make public, any of the proceedings of any court hearing.
Source.
1979, 361:2, eff. Aug. 22, 1979.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-D - Children in Need of Services › Section 169-D:28 - Penalty for Forbidden Publication.

169-D:28 Penalty for Forbidden Publication. –
The publisher of any newspaper or the manager, owner or person in control of a radio or television station or agent or employee of any of the above who may violate any provision of RSA 169-D:27 shall be guilty of a misdemeanor.
Source.
1979, 361:2, eff. Aug. 22, 1979.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-D - Children in Need of Services › Section 169-D:29 - Liability for Expenses.

169-D:29 Liability for Expenses. –
I. (a) Whenever an order creating liability for expenses is issued by the court under this chapter, any expenses incurred for services, placements, and programs the providers of which are certified pursuant to RSA 170-G:4, XVIII, shall be payable by the department of health and human services.
(b) Subparagraph (a) shall not apply to expenses incurred for special education and related services, or to expenses incurred for evaluation, care, and treatment of a child receiving inpatient psychiatric treatment within the state mental health system or to expenses incurred for the cost of accompanied transportation.
(c) Liability for placement expenses for any court ordered placement of any minor mother under this chapter shall include liability for placement expenses for the child or children of such minor mother if the minor mother and child or children are placed at the same facility.
II. Services, programs, and placements payable by the department under this section shall include diversion services and services provided through a voluntary service plan.
III. Notwithstanding paragraphs I and II, the parents or other persons responsible by law for the minor's support and necessities shall promptly notify the department of any insurance benefits that may be available to pay for all or a portion of the services provided. If insurance coverage is available, the parents or other persons responsible by law for the minor's support and necessities shall cooperate with the insurance carrier and assign such insurance benefits to the department for services delivered by the department.
IV. The office of reimbursements acting on behalf of the department of health and human services is authorized to compromise or reduce any expense to be charged to the state under this section.
Source.
1979, 361:2. 1981, 555:3. 1982, 25:4. 1983, 458:6. 1985, 96:6; 380:39. 1987, 402:33, 34. 1988, 107:5; 153:3, 6. 1989, 75:3; 229:3; 286:3. 1990, 3:50; 203:3. 1991, 265:4. 1993, 266:6. 1994, 212:2. 1995, 220:4; 308:84, 85; 310:175, 181-183. 1996, 286:15, 18. 1997, 305:3. 2007, 263:22. 2008, 274:33. 2009, 144:35. 2010, 175:7, eff. Jan. 1, 2011. 2014, 57:2, eff. Jan. 1, 2015. 2017, 219:1, eff. July 10, 2017. 2018, 55:3, eff. July 14, 2018. 2019, 196:3, eff. Sept. 8, 2019. 2020, 26:28, eff. July 1, 2020. 2022, 272:51, 52, eff. June 24, 2022.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-D - Children in Need of Services › Section 169-D:30 - Severability.

169-D:30 Severability. –
If any provision of this chapter or the application thereof to any person or circumstances is held to be invalid, the remainder of the chapter and the application of such provision to other persons or circumstances shall not be affected thereby.
Source.
1979, 361:2, eff. Aug. 22, 1979.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-D - Children in Need of Services › Section 169-D:31 - Data Collection; Reporting Requirement.

169-D:31 Data Collection;  Reporting Requirement. –
I. The department shall establish a system to collect data related to:
(a) The person or entity who referred the child for services and/or filed the petition.
(b) The racial and ethnic identity of the child.
(c) The insurance status and coverage of child served.
(d) The length of time a child receives services under this chapter, including the time prior and subsequent to the filing of a petition.
(e) The identity of any public or private organization to whom the department has referred a child or family.
(f) Any other information, including outcome data, that may assist the department and the court in evaluating the availability and effectiveness of services for children who receive assistance under this chapter.
(g) The number of cases in which the department determined that voluntary services under RSA 169-D:5-c were not appropriate, and the basis for those decisions.
(h) The type of services offered and/or provided to a child on a voluntary basis and the type of services ordered by the court after adjudication and disposition.
II. The department shall, upon request, make available to members of the public, compilations of the data which do not contain identifying information.
III. Beginning on or before December 30, 2013, the department shall provide quarterly reports regarding cases handled pursuant to this chapter to the chair of the house children and family law committee, the chair of the senate health, education and human services committee, or to the chairs of their successor committees, as well as the chair of the joint fiscal committee. The reports shall include:
(a) The number of cases assessed pursuant to RSA 169-D:5-c.
(b) The number of cases declined for voluntary services and the bases for the declinations.
(c) The number of cases accepted for voluntary services and their ultimate disposition.
(d) The number of petitions filed pursuant to RSA 169-D:5, I, and their dispositions.
(e) The number of voluntary and court-based cases pending in each definition category of RSA 169-D:2, II at the beginning and end of the quarter.
(f) The type and cost of services provided in cases accepted for voluntary services and cases handled through the court, in each definition category of RSA 169-D:2, II.
Source.
2013, 249:13, eff. Sept. 1, 2013.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-E - Missing Children › Section 169-E:1 - Definition.

169-E:1 Definition. –
For the purposes of this chapter "missing child" means any person under the age of 18 years missing from his or her normal and ordinary place of residence and whose whereabouts cannot be determined by a person responsible for the child's care.
Source.
1985, 318:3, eff. July 1, 1985. 2020, 26:46, eff. Sept. 18, 2020.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-E - Missing Children › Section 169-E:2 - Report.

169-E:2 Report. –
When a law enforcement agency in this state that has jurisdiction in the matter is informed that a minor is or may be a missing child and that the person providing the information wishes to file a missing child report, the law enforcement agency shall take that report from the child's parents, custodial parent, guardian, legal custodian or any other person responsible for the missing child. Upon taking the report, the law enforcement agency shall take reasonable and appropriate action to locate the missing child. No law enforcement agency in this state shall have a rule or policy that prohibits or discourages the filing of or the taking of action upon a missing child report, within a specified period following the discovery or formulations of a belief that a minor is or could be a missing child.
Source.
1985, 318:3, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-E - Missing Children › Section 169-E:2-a - Hotline for Missing Children; Rulemaking.

169-E:2-a Hotline for Missing Children;  Rulemaking. –
There is hereby established a toll-free statewide hotline for the purpose of reporting information on missing children. This hotline shall have its terminus at the central communication section of the New Hampshire division of state police. The director of the division of state police shall adopt rules under RSA 541-A relative to its administration and operation.
Source.
1987, 21:1, eff. June 6, 1987.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-E - Missing Children › Section 169-E:3 - Procedure.

169-E:3 Procedure. –
I. If a missing child report is made to a law enforcement agency in this state that has jurisdiction in the matter, the law enforcement agency shall gather readily available information about the missing child and integrate it into the national crime information center computer within 12 hours following the making of the report, unless extraordinary circumstances cause a delay. The law enforcement agency shall make reasonable efforts to acquire additional information about the missing child following the transmittal of the initially available information, and promptly integrate any additional information acquired into such computer system.
II. The parents, custodial parent, guardian, legal custodian, or other person responsible for the missing child shall provide available information upon request, and may provide information voluntarily, to the law enforcement agency during the information gathering process. The law enforcement agency also may obtain available information about the missing child from other persons, subject to constitutional and statutory limitations.
III. Upon the filing of a missing child report, the law enforcement agency involved promptly shall make a reasonable attempt to notify other law enforcement agencies within its county and, if the agency has jurisdiction in a city, town, or unorganized or unincorporated place that borders another county, to notify the law enforcement agency for the city, town, or unorganized or unincorporated place in the other county with which it shares the border, that it has taken a missing child report and may be requesting assistance or cooperation in the case, and provide relevant information to the other law enforcement agencies. The agency may notify additional law enforcement agencies and appropriate county providers of human services exercising children services functions, about the case, request their assistance or cooperation in the case, and provide them with relevant information.
IV. Upon request from a law enforcement agency, a county provider of human services exercising children services functions shall grant the law enforcement agency access to all information concerning a missing child that the provider possesses that may be relevant to the law enforcement agency in investigating a missing child report concerning that child. The information obtained by the law enforcement agency shall only be used to further the investigation to locate the missing child.
Source.
1985, 318:3, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-E - Missing Children › Section 169-E:4 - Cooperation With Other Agencies.

169-E:4 Cooperation With Other Agencies. –
I. Upon request, law enforcement agencies in this state shall cooperate with other law enforcement agencies in their investigations of missing child cases.
II. The information in any missing child report made to a law enforcement agency shall be made available, upon request, to law enforcement personnel of this state, other states, and the federal government when the law enforcement personnel indicate that the request is to aid in identifying or locating a missing child or the possible identification of a deceased minor who, upon discovery, cannot be identified.
Source.
1985, 318:3, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-E - Missing Children › Section 169-E:5 - Dental Records.

169-E:5 Dental Records. –
When a missing child has not been located within 30 days after the date on which his missing child report was filed with a law enforcement agency, that law enforcement agency shall request the missing child's parents, custodial parent, guardian, or legal custodian, or any other person responsible for the missing child, to provide written consent for the law enforcement agency to contact the missing child's dentist and request the missing child's dental records. Upon receipt of such written consent, the dentist shall release a copy of the missing child's dental records to the law enforcement agency and shall provide and encode the records in such form as requested by the law enforcement agency. The law enforcement agency shall then integrate information in the records into the national crime information center computer in order to compare the records to those of unidentified deceased persons. This section shall not prevent a law enforcement agency from seeking consent to obtain copies of a missing child's dental records, or prevent a missing child's parents, custodial parent, guardian, or legal custodian, or any other person responsible for the missing child, from granting consent for the release of copies of the missing child's dental records to a law enforcement agency, at any time.
Source.
1985, 318:3, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-E - Missing Children › Section 169-E:6 - Recovery of Child.

169-E:6 Recovery of Child. –
A missing child's parents, custodial parent, guardian, or legal custodian, or any other person responsible for a missing child, shall immediately notify the law enforcement agency with which they filed the missing child report whenever the child has returned to their home or to their care, custody, and control, has been released if he was the victim of an offense under RSA 633, or has otherwise been located. Upon such notification or upon otherwise learning that a missing child has returned to the home of, or to the care, custody, and control of his parents, custodial parent, guardian, or legal custodian, or other person responsible for him, or has been released if he was the victim of an offense under RSA 633, or otherwise has been located, the law enforcement agency involved shall promptly integrate the fact that the minor is no longer a missing child into the national crime information center computer.
Source.
1985, 318:3, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-E - Missing Children › Section 169-E:7 - Cooperation With United States Attorney General.

169-E:7 Cooperation With United States Attorney General. –
Law enforcement agencies in this state shall cooperate fully with the United States Attorney General in the collection of information that would assist in the identification of unidentified deceased persons and information that would assist in the location of missing persons under the "Federal Missing Children Act of 1982," 28 U.S.C.A. § 534, as amended. Law enforcement agencies in this state that are investigating missing children cases shall utilize the records and information compiled by the United States Attorney General pursuant to that act when the circumstances of an investigation indicate that the records and information may be of assistance and when the act authorizes it.
Source.
1985, 318:3, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-F - Court Ordered Placements › Section 169-F:1 - Purpose and Application of Chapter.

169-F:1 Purpose and Application of Chapter. –
This chapter shall apply to any court ordered placement or placement for an episode of treatment as defined in RSA 193:27, VII, of any minor pursuant to RSA 169-B or any child pursuant to RSA 169-C or RSA 169-D, for the purposes of the effective implementation of any such placement.
Source.
1987, 402:35, eff. July 25, 1987. 2023, 79:140, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-F - Court Ordered Placements › Section 169-F:2 - Written Findings Required Under Certain Circumstances.

169-F:2 Written Findings Required Under Certain Circumstances. –
In cases in which the court does not follow a case plan or written recommendation from the department of health and human services, the court shall issue written findings explaining why the case plan or recommendation was not followed.
Source.
1987, 402:35. 1994, 212:2. 1995, 310:181, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-F - Court Ordered Placements › Section 169-F:3 - Notification to the Department of Health and Human Services.

169-F:3 Notification to the Department of Health and Human Services. –
If, at any phase of the proceedings, the court contemplates ordering services or placement for a minor or a child, the court, prior to ordering such services or placement, shall notify the department of health and human services and shall afford the department an opportunity to be heard on the issue of appropriateness of the services or placement. The department shall provide the court with a recommendation for the disposition of the minor or child, which shall include the costs of the recommended services, placements and programs.
Source.
1987, 402:35. 1994, 212:2. 1995, 308:86; 310:175, 181, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-F - Court Ordered Placements › Section 169-F:4 - Consent Agreements.

169-F:4 Consent Agreements. –
The court shall not approve any consent agreement unless the department of health and human services has been a party to such agreement and has been given an opportunity to be heard.
Source.
1990, 201:14. 1994, 212:2. 1995, 310:181, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-G - Review of Dispositional Orders in Juvenile Cases › Section 169-G:1 - Repealed by 2010, 368:1(43), eff. Dec. 31, 2010.

169-G:1 Repealed by 2010, 368:1(43), eff. Dec. 31, 2010. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-G - Review of Dispositional Orders in Juvenile Cases › Section 169-G:2 - Application for Review.

169-G:2 Application for Review. –
I. The department of health and human services may file with the clerk of the district court or the judicial branch family division court where the dispositional order was issued an application for review of the order by the review panel. The application shall be filed within 7 days after the date of the dispositional order, but not thereafter except for good cause shown. The filing of an application for review shall stay the implementation of the dispositional order.
II. Upon issuance of the dispositional order, the clerk shall give oral and written notice to the department of health and human services of its right to make such a request. A form for making the application shall accompany the notice. If an application is filed, the clerk shall forthwith transmit it to the review panel and shall notify the administrative justice and judge who issued the dispositional order of the filing.
III. The judge who issued the dispositional order may transmit to the review panel a statement of the reasons for the dispositional order and shall transmit such a statement within 7 days if requested to do so by the review panel.
Source.
1995, 308:87; 310:181. 1999, 266:10. 2001, 286:6. 2007, 236:24, eff. Jan. 1, 2008.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-G - Review of Dispositional Orders in Juvenile Cases › Section 169-G:3 - Review Procedure.

169-G:3 Review Procedure. –
I. The review panel has jurisdiction to consider a request for review of the dispositional order of the court with or without a hearing; to review the dispositional order; to amend the dispositional order by substituting therefor a different appropriate order or orders; or to make any other disposition of the case.
II. The review panel may require the production of any records, documents, exhibits, or other things connected with the proceedings. The district court and the judicial branch family division shall by rule establish forms for review under this chapter and may by rule make such other regulations of procedure relative to such review, consistent with law, as justice requires.
III. The decision of the review panel shall be rendered within 21 days from the date of receipt of the application for review.
Source.
1995, 308:87. 2007, 236:25, eff. Jan. 1, 2008.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-G - Review of Dispositional Orders in Juvenile Cases › Section 169-G:4 - Amendment of Dispositional Orders.

169-G:4 Amendment of Dispositional Orders. –
If the dispositional order is amended by an order substituting a different order or disposition of the case, the review panel shall make any other disposition of the case in accordance with the order of the review panel.
Source.
1995, 308:87, eff. July 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-G - Review of Dispositional Orders in Juvenile Cases › Section 169-G:5 - Records.

169-G:5 Records. –
The secretary-clerk shall attend all sittings of the review panel; shall record all appointments to the panel, notifying the clerks of the district courts or judicial branch family division courts of such appointments; and shall record the proceedings of the panel.
Source.
1995, 308:87. 2007, 236:26, eff. Jan. 1, 2008.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-G - Review of Dispositional Orders in Juvenile Cases › Section 169-G:6 - Quarterly Reports.

169-G:6 Quarterly Reports. –
The commissioner of the department of health and human services shall make quarterly reports to the house committee on judiciary and family law and the house finance committee containing statistical analysis on the use of RSA 169-D and voluntary service programs. Such reports shall include, but not be limited to, the costs including transaction costs incurred for services, programs, and placements provided, parental reimbursements collected, the number of out-of-state placements and the costs of such placements, and a comparison of such with the same statistics from the same quarter of the prior 2 fiscal years, and the number of appeals taken to the review panel by the department and the results thereof. The first report shall be due October 1, 1995.
Source.
1995, 308:87; 310:182, eff. Nov. 1, 1995.