reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-B - Delinquent Children › Section 169-B:36 - Penalty for Disclosure of Juvenile Records.

169-B:36 Penalty for Disclosure of Juvenile Records. –
I. It shall be unlawful for any person to disclose court records or any part thereof to persons other than those persons entitled to access under RSA 169-B:35, except by court order. Any person who knowingly violates this provision shall be guilty of a misdemeanor. This prohibition shall not be construed to prevent publication as provided in RSA 169-B:37.
II. Notwithstanding paragraph I, in cases involving a violent crime as defined in RSA 169-B:35-a and when the petition is found to be true, the following information may be disclosed by the court clerk after the adjudicatory hearing:
(a) The name and address of the juvenile charged.
(b) The specific offense found by the court to be true.
(c) The custody status of the juvenile.
(d) The final disposition ordered by the court.
Information provided in subparagraphs (c) and (d) shall not identify the name or address of private providers of residential or other services to the juvenile.
Source.
1979, 361:2. 1993, 355:3. 1995, 308:111, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-B - Delinquent Children › Section 169-B:37 - Publication of Delinquency Restricted.

169-B:37 Publication of Delinquency Restricted. –
I. 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 juvenile arrested, 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 juvenile court. Nothing in this section or RSA 169-B:35 and RSA 169-B:36 shall be construed to prevent publication without using the name of the delinquent of information which shall be furnished by the court about the disposition of a case when the delinquent act would constitute a felony if it were the act of an adult.
II. Notwithstanding paragraph I, the police, with the written approval of the county attorney or the attorney general, may release to the news media the name and photograph of the juvenile if:
(a) The juvenile has escaped from court-ordered custody; and
(b) The juvenile has not been apprehended and there is good cause to believe the juvenile presents a serious danger to the juvenile or to public safety.
Source.
1979, 361:2. 1996, 294:6, eff. Aug. 9, 1996.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-B - Delinquent Children › Section 169-B:38 - Penalty for Forbidden Publication.

169-B:38 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 violates any provision of RSA 169-B:37 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-B - Delinquent Children › Section 169-B:40 - Liability for Expenses Incurred.

169-B:40 Liability for Expenses Incurred. –
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 the minor when receiving child inpatient psychiatric treatment within the state mental health system, or to expenses incurred for the cost of accompanied transportation.
(c) Notwithstanding subparagraph (a), the department shall have the right to require parents or other people responsible for the minor's support and necessities to assign to the state any insurance benefits that may be available to pay for a mental health evaluation under RSA 169-B:21.
(d) 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. Notwithstanding any provision of law to the contrary, the department of health and human services shall not be responsible for the payment of the cost of assigned counsel for any party under this chapter.
III. 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; 434:81. 1981, 555:1. 1982, 25:2. 1983, 458:4. 1985, 96:6; 380:37. 1987, 402:29, 30. 1988, 107:5; 153:1, 4. 1989, 75:1; 229:1; 286:1. 1990, 3:46; 203:1. 1991, 265:2. 1993, 266:2. 1994, 212:2. 1995, 220:2; 302:22; 308:60, 63, 112; 310:123, 171, 175, 182. 1996, 286:13, 16. 1997, 305:1. 2007, 263:20. 2008, 274:33. 2009, 144:33, 36, eff. July 1, 2009. 2018, 55:1, 4, eff. July 14, 2018. 2020, 26:19, eff. July 1, 2020. 2022, 272:44, 45, eff. June 24, 2022.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-B - Delinquent Children › Section 169-B:41 - Intentional Contribution to Delinquency.

169-B:41 Intentional Contribution to Delinquency. –
I. Any parent or guardian or person having custody or control of a minor, or anyone else, who shall knowingly encourage, aid, cause, or abet, or connive at, or has knowingly or willfully done any act to produce, promote, or contribute to the delinquency of such minor, shall be guilty of a misdemeanor. The court may release such person on probation, subject to such orders as it may make concerning future conduct tending to produce or contribute to such delinquency, or it may suspend sentence, or before trial, with such person's consent, it may allow the person to enter into a recognizance, in such penal sum as the court may fix, conditioned for the promotion of the future welfare of the minor, and the case may be placed on file.
II. Notwithstanding the provisions of paragraph I, any parent, guardian or person having custody or control of a minor, or anyone else, who shall knowingly or wilfully, encourage, aid, cause or abet, or connive at, or has knowingly done any act to produce, promote or contribute to the utilization of a minor in any acts of sexual conduct, as defined in RSA 650:1, VI, in order to create obscene material, as defined in RSA 650:1, IV, of the minor engaged in such conduct, shall be guilty of:
(a) A class B felony if such person has had no prior convictions in this state or another state for the conduct described in this paragraph;
(b) A class A felony if such person has had one or more prior convictions in this state or another state for the conduct described in this paragraph.
Source.
1979, 361:2. 1983, 448:4. 1995, 302:23, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-B - Delinquent Children › Section 169-B:42 - Procedure.

169-B:42 Procedure. –
If any minor is found more than once to be delinquent by the court as provided in RSA 169-B:41, the court may, upon complaint of the county attorney or any other person, or upon its own motion, issue a warrant commanding any parent, guardian or person having custody or control of the minor found to be delinquent to be brought before the same court in which the findings of delinquency was made.
Source.
1979, 361:2, eff. Aug. 22, 1979.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-B - Delinquent Children › Section 169-B:43 - Court Orders.

169-B:43 Court Orders. –
The court, upon a complaint issued under RSA 169-B:42, may proceed under that section and, in addition, if the court finds, after a hearing, that the parent, guardian, or person having custody or control of the minor has failed to exercise reasonable diligence in the control of such minor to prevent the minor from becoming guilty of juvenile delinquency as defined by statute, or from becoming adjudged by the court to be in need of the care and protection of the state as defined by statute, it may make such order specifying future conduct as is designed to reasonably prevent the reoccurrence of delinquency and to promote the future welfare of the minor. Such order shall remain in effect for a period of not more than one year to be specified by the court, and said order may be extended or renewed by the court. Before issuing any such order, the court shall advise such parent, guardian, or other person of the right to have the reasonableness of the order immediately reviewed; and, in this connection, the superior court is vested with jurisdiction to summarily determine the reasonableness of any question of law or fact relating to such written specifications and to make such further orders upon review thereof as justice may require.
Source.
1979, 361:2. 1995, 302:24, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-B - Delinquent Children › Section 169-B:44 - Civil Action for Compensation.

169-B:44 Civil Action for Compensation. –
Nothing in this chapter shall bar civil action to recover damages for the negligence of a person having custody or control of a minor who causes injury to property or persons.
Source.
1979, 361:2, eff. Aug. 22, 1979.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-B - Delinquent Children › Section 169-B:45 - Vandalism by Minors.

169-B:45 Vandalism by Minors. –
I. For purposes of this section, "vandalism" has the same meaning as "criminal mischief" in RSA 634:2.
II. The court shall, when appropriate, order any child who is found to have committed vandalism of private property to write a formal apology to the victim or victims of such vandalism.
III. The court shall, when appropriate, order any child who is found to have committed vandalism of public property to write a report on the history and significance of that property to the community or on another topic, as determined by the court.
IV. The court shall also order, when appropriate, any child who is found to have committed vandalism to contribute to the restoration of the property or to the restitution to the victim or victims of such vandalism by payment in money, by property repairs, by service to the injured party, or by service to the community.
V. Notwithstanding any other provision of this chapter, the court may order the parent or legal guardian of any child found to have committed vandalism, to submit restitution to the victim or victims of such vandalism by payment in money if the child is in the custody of and residing with such parent or guardian, and if the court finds that the vandalism was a direct result of the parent or legal guardian having neglected to exercise reasonable supervision and control of the child's conduct. For the purposes of this section, liability for compensation shall be limited to $10,000.
VI. If the person violates the court's order to submit restitution under this section, such person shall be guilty of contempt.
VII. The court may permit payments under this section to be made in installments, up to 7 years, to be administered by the court.
Source.
1979, 450:1. 1995, 302:25. 1996, 225:1, eff. Jan. 1, 1997.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-B - Delinquent Children › Section 169-B:46 - Publication Permitted.

169-B:46 Publication Permitted. –
Notwithstanding the provisions of RSA 169-B:36 and 169-B:37, there shall be no restriction on the publishing or broadcasting of the name or address of any child found to have committed vandalism under RSA 169-B:45, or any child who is adjudicated to have committed a second or subsequent offense for the possession with intent to distribute any controlled drug, as defined in RSA 318-B:1, VI, and who is at least 12 years of age at the time of such offense, or the name or address of the parent or guardian.
Source.
1979, 450:1. 1989, 174:1. 1995, 302:26, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-B - Delinquent Children › Section 169-B:47 - Severability.

169-B:47 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-B - Delinquent Children › Section 169-B:48 - Commission to Study Community Impacts of the Secured Youth Development Center.

[RSA 169-B:48 repealed by 2023, 1:6, effective November 1, 2024.]
169-B:48 Commission to Study Community Impacts of the Secured Youth Development Center. –
I. There is established a commission to study the impacts of the secured youth development center on surrounding communities. The commission shall consider and, as needed, make recommendations on site selection, public safety, fire safety, and other relevant factors. Notwithstanding RSA 14:49, the commission shall consist of the following members:
(a) Three members of the house of representatives, appointed by the speaker of the house of representatives.
(b) Three senate members, appointed by the senate president.
(c) The commissioner of the department of health and human services or designee.
(d) The commissioner of the department of safety or designee.
(e) The child advocate or their designee.
(f) A representative from the New Hampshire Sheriff's Association, appointed by that organization.
(g) One or more representatives from local law enforcement agencies, appointed by the speaker of the house of representatives.
(h) One or more representatives from municipal governing bodies, appointed by the senate president.
II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission. The commission's study shall include procedures and practices of the secured youth development facility meant to ensure the safety of the youths held at the facility, facility staff, the people of the municipality where the facility is located, and neighboring municipalities.
III. The commission may solicit input from any person or entity the commission deems relevant to its study.
IV. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be held within 45 days of the effective date of this section and be called by the first-named senate member. A majority of members named to the commission shall constitute a quorum.
V. The commission shall submit a preliminary report including its findings, including its recommended site for the secured youth development center, and any recommendations for proposed legislation on or before November 1, 2023 and a final report on or before November 1, 2024 to the speaker of the house of representatives; the president of the senate, the house clerk, the senate clerk, the governor, and the state library.
Source.
2023, 1:5, eff. Feb. 14, 2023.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:2 - Purpose.

169-C:2 Purpose. –
I. It is the primary purpose of this chapter, through the mandatory reporting of suspected instances of child abuse or neglect, to provide protection to children whose life, health or welfare is endangered. The best interest of the child shall be the primary consideration of the court in all proceedings under this chapter.
II. It is a further purpose of this chapter to establish a judicial framework to protect the rights of all parties involved in the adjudication of child abuse or neglect cases. Each child coming within the provisions of this chapter shall receive, preferably in the child's own home, the care, emotional security, guidance, and control that will promote the child's best interest; and, if the child should be removed from the control of his or her parents, guardian, or custodian, adequate care shall be secured for the child. This chapter seeks to coordinate efforts by parents and state and local authorities, in cooperation with private agencies and organizations, citizens' groups, and concerned individuals, to:
(a) Protect the safety of the child.
(b) Take such action as may be necessary to prevent the abuse or neglect of children.
(c) Determine if the preservation of family unity is in the best interest of the child.
(d) Provide protection, treatment, and rehabilitation, as needed, to children placed in alternative care.
(e) Provide assistance to parents to deal with and correct problems in order to avoid removal of children from the family.
III. This chapter shall be liberally construed to the end that its purpose may be carried out, to wit:
(a) To encourage the mental, emotional, and physical development of each child coming within the provisions of this chapter, by providing the child with the protection, care, treatment, counseling, supervision, and rehabilitative resources which the child needs and has a right to receive.
(b) To achieve the foregoing purposes and policies, whenever it is in the best interest of the child, by keeping a child in contact with his or her home community and in a family environment by preserving the unity of the family and separating the child from his or her parents only when the safety of the child is in danger or when it is clearly necessary for the child's welfare or the interests of the public safety and when it can be clearly shown that a change in custody will be in the best interest of the child; and
(c) To provide effective judicial procedures through which the provisions of this chapter are executed and enforced and which recognize and enforce the constitutional and other rights of the parties and assures them a fair hearing.
Source.
1979, 361:2. 1983, 331:1, 2, eff. Aug. 17, 1983. 2017, 156:197, eff. July 1, 2017. 2020, 26:37, eff. July 20, 2020.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:3-a - Rulemaking.

169-C:3-a Rulemaking. –
The commissioner of the department of health and human services shall adopt rules under RSA 541-A relative to:
I. Information contained in the central registry under RSA 169-C:35.
II. Access to confidential records under RSA 169-C:36.
III. The authority to investigate reports of institutional abuse or neglect under RSA 169-C:37.
Source.
1983, 242:8; 291:1, II. 1986, 223:7. 1994, 212:2. 1995, 310:171, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:4 - Jurisdiction, Continued Jurisdiction, Modification.

169-C:4 Jurisdiction, Continued Jurisdiction, Modification. –
I. The court shall have exclusive original jurisdiction over all proceedings alleging the abuse or neglect of a child.
II. The court may, with the consent of the child, retain jurisdiction over any child, who, prior to his or her eighteenth birthday, was found to be neglected or abused and who is attending school until such child completes high school or until his or her twenty-first birthday, whichever occurs first; and the court is authorized to and shall make such orders relative to the support and maintenance of said child during the period after the child's eighteenth birthday as justice may require.
II-a. A child who has consented to the continued jurisdiction of the court pursuant to paragraph II, may revoke his or her consent and request that the case be closed. The revocation of consent and request to close a case shall be made in writing and filed with the court. Upon receipt of the request, the court shall forward copies to all parties of record at their last known address. If no party objects within 10 business days of the date the court forwarded copies of the request to the parties, the court shall accept the child's revocation of consent and shall close the case. If a party objects, the court may, after consideration of the objection, either grant the request and close the case without hearing or schedule the matter for hearing. If the matter is scheduled for hearing, the court shall accept the child's revocation of consent and close the case unless the court finds that immediate closure would create a risk of substantial harm to the child. If the court finds that immediate closure would create a risk of substantial harm to the child, the court shall continue the matter for a period not to exceed 30 days and direct that the department work with the child to develop an independent living plan which shall include referrals to appropriate services. If at the end of such period, the child still wishes to revoke his or her consent and to request that the case be closed, the court shall accept the revocation of consent and close the case.
III. When a custody award has been made pursuant to this chapter, said order shall not be modified or changed nor shall another order affecting the status of the child be issued.
Source.
1979, 361:2. 1990, 240:2. 2008, 204:1, eff. Jan. 1, 2009. 2020, 37:126, eff. July 1, 2020.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:5 - Venue.

169-C:5 Venue. –
I. Proceedings under this chapter may be originated in the 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.
Source.
1979, 361:2, eff. Aug. 22, 1979.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:6-a - Emergency Interim Relief.

169-C:6-a Emergency Interim Relief. –
I. If a child is found by a child protection services worker of the department to be in imminent danger in such circumstances or surroundings and where immediate removal appears necessary to protect the child from such imminent danger, the department's child protection services worker shall contact the court for an ex parte order to remove the child. Prior to any order authorizing foster placement, the child protective services worker shall inform the judge of efforts to locate any non-custodial parent or other relatives for temporary placement.
II. The department or law enforcement officer requesting an ex parte order shall, to the extent known, present in person or by telephone, either orally under oath or by sworn written affidavit, the following information:
(a) A statement of the specific danger requiring either immediate placement of the child or removal of the alleged perpetrator.
(b) The time, place, and manner in which the child was removed from danger, if relevant.
(c) If the child was removed prior to the court order, a brief statement why it was not possible to obtain the order prior to removal.
(d) Why there is not sufficient time to notify the parent, guardian, or custodian prior to the order.
(e) The names and addresses of custodial parents, non-custodial parents, legal custodians, other legal guardians of the child, and any other person responsible for the welfare of the child at the time of removal.
(f) When removal of the child is requested, those alternatives to foster care which were considered, such as removal of the alleged perpetrator, or placement of the child with relatives or others with whom the child is familiar.
III. Whenever a petition is filed for abuse or neglect with or prior to the request for ex parte relief, the request need not repeat information included in the petition.
IV. If the court finds reasonable cause to believe that the child is in such circumstances or surroundings as would present an imminent danger to the child's health or life, the court shall issue such ex parte orders as are necessary to protect the child and shall set the matter for hearing no later than 5 days from the date of the ex parte orders, excluding Saturdays, Sundays, and holidays.
V. If the court issues an ex parte order based upon oral testimony provided by the department, the department shall submit a written affidavit supporting the department's request for ex parte relief on the next business day.
VI. If the court issues ex parte orders, the department or law enforcement officer shall file a petition meeting the requirements of RSA 169-C:7 within 72 hours of the issuance of the orders, excluding Saturdays, Sundays, and holidays.
Source.
1994, 411:4. 1995, 310:175. 2002, 180:1, eff. July 14, 2002. 2016, 200:1, eff. Aug. 5, 2016.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:6-b - Child's Welfare and Findings Regarding Removal.

169-C:6-b Child's Welfare and Findings Regarding Removal. –
I. The court shall, in its first court ruling that sanctions, even temporarily, the removal of a child from the home, determine whether continuation in the home is contrary to the child's welfare.
II. The court shall within 60 days of a child's removal from the home, determine and issue written findings as to whether reasonable efforts were made or were not required to prevent the child's removal. In determining whether reasonable efforts were made to prevent the child's removal, the court shall consider whether services to the family have been accessible, available, and appropriate.
III. If the court orders that a child be removed from his or her home at the preliminary hearing under RSA 169-C:15, the adjudicatory hearing under RSA 169-C:18, the dispositional hearing under RSA 169-C:19, or the final hearing under RSA 169-C:21, the court order for removal shall include specific written findings regarding the need for the out-of-home placement. The order shall briefly state the facts the court found to exist that justify ordering the placement.
IV. If the order does not comply with the requirements of paragraph III, the judge shall make a written finding to justify the out-of-home placement. Providing a copy of the order, redacted to protect the identity of the parties and children, to the members of the house committee having jurisdiction over child and family issues shall not be considered a violation of RSA 169-C:25.
Source.
2007, 236:9, eff. Jan. 1, 2008. 2017, 134:1, eff. Jan. 1, 2018.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:7 - Petition.

169-C:7 Petition. –
I. A proceeding under this chapter is originated by any person filing a petition, with a judge or clerk in the judicial district in which the child is found or resides, alleging neglect or abuse of a child.
II. The petition shall be entitled "In the Matter of __________ ," and shall be verified under oath by the petitioner.
III. To be legally sufficient, the petition shall set forth the facts alleged to constitute abuse or neglect, and the statutory grounds upon which the petition is based.
IV. In addition, the petition shall also include, to the extent known:
(a) The name, birth date, and address of the child.
(b) The name and address of any custodial parent.
(c) The name and address of any other individual or agency having custody of the child.
(d) The name of any non-custodial parent.
(e) The name of any household member who is subject to the order.
Source.
1979, 361:2. 1990, 240:3. 1994, 411:5, 6, eff. Jan. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:7-a - Petition for Protective Order Filed on Behalf of Minor.

169-C:7-a Petition for Protective Order Filed on Behalf of Minor. –
I. (a) A parent or guardian may file a petition for a protective order on behalf of a minor, alleging abuse of the minor by a member of the minor's family or household. The court shall not accept a petition under this section that is filed by a child's parent against the other parent. Any order issued under this chapter may be in addition to an order issued under RSA 173-B and any proceeding initiated under this chapter may be consolidated with a proceeding under RSA 173-B.
(b) Any minor plaintiff who seeks a protective order under this chapter need not be accompanied by a parent or guardian to receive relief or services under this chapter.
II. A guardian may file a petition for a protective order on behalf of his or her ward, alleging abuse of the ward by a member of the ward's family or household.
III. Any acts of abuse or neglect alleged in a petition shall be referred to the department pursuant to this chapter.
Source.
2019, 109:2, eff. June 21, 2019.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:8 - Issuance of Summons and Notice.

169-C:8 Issuance of Summons and Notice. –
I. After a petition has been filed or an ex parte order issued, the court shall issue a summons to all persons named in the petition to be served by a law enforcement officer personally, or if personal service is not possible, at their usual place of abode. Such summons shall require the person or persons having custody or control of the child to appear personally, unless otherwise ordered, before the court at a time and place set for a preliminary hearing, which shall not be less than 24 hours nor more than 7 days after return of service of the petition.
I-a. If the location of the parent or parents is unknown as set forth in an affidavit filed with the court in which the petitioner describes its efforts to locate the parent or parents, the court may, upon request of the petitioner, order the petitioner to provide notice by publication once a week for 2 successive weeks in a newspaper of general circulation where that person was last domiciled or by certified mail at the last known address. Notwithstanding the time limits in paragraph I, if service by publication is ordered, the preliminary hearing should not be later than 40 days from the date the petition is filed and no sooner than 7 days from the last date of publication. The need for service by publication shall constitute extraordinary circumstances to extend the time for an adjudicatory hearing, pursuant to RSA 169-C:15, III(d).
II. A copy of the petition shall be attached to each summons or incorporated therein.
III. The summons shall contain a notice that the child shall have a guardian ad litem, appointed by the court. The summons shall also 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."
IV. The summons shall also contain a description and explanation of the proceedings and a statement of the rights of the person or persons summoned, under this chapter, RSA 170-C, and under the rules of court.
Source.
1979, 361:2. 1983, 458:8. 1990, 140:2, X. 1991, 214:1. 1994, 411:7. 1995, 308:65. 2007, 236:10. 2008, 274:31, eff. July 1, 2008. 2020, 26:20, eff. July 1, 2020. 2022, 272:13, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:8-a - Notice of Petition to Department of Health and Human Services.

169-C:8-a Notice of Petition to Department of Health and Human Services. –
The court shall serve the department of health and human services with a copy of any petition filed under RSA 169-C:7 and the department shall have legal standing at and receive notice of all proceedings under this chapter from the time of said service.
Source.
1995, 308:66; 310:175, 181, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:9 - Failure to Appear; Warrant.

169-C:9 Failure to Appear;  Warrant. –
I. Any person or persons summoned having custody or control of the child who, without reasonable cause, fails to appear, may be proceeded against for contempt of court.
II. In case the summons cannot be served, or the parties served fail to appear, or in the case when it appears to the court that service will be ineffectual, or that the best interest of the child requires that he be brought forthwith into the custody of the court, a warrant may be issued for the child's appearance against anyone having custody or control of the child.
Source.
1979, 361:2, eff. Aug. 22, 1979.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:10 - Attorneys and Guardians Ad Litem.

169-C:10 Attorneys and Guardians Ad Litem. –
I. In cases brought pursuant to this chapter involving a neglected or abused child, the court shall appoint a Court Appointed Special Advocate (CASA) or other approved program guardian ad litem for the child. If a CASA or other approved program guardian ad litem is unavailable for appointment, the court may then appoint an attorney or other guardian ad litem as the guardian ad litem for the child. The court shall not appoint an attorney for any guardian ad litem appointed for the child. The CASA or other approved program guardian ad litem shall have the same authority and access to information as any other guardian ad litem. For purposes of this paragraph, "unavailable for appointment" means that there is no CASA or other approved program guardian ad litem available for appointment by the court following a finding of reasonable cause at the preliminary hearing held under RSA 169-C:15 so that the child's interests may effectively be represented in preparation for and at an adjudicatory hearing.
II. (a) In cases involving a neglected or abused child under this chapter, where the child's expressed interests conflict with the recommendation for dispositional orders of the guardian ad litem, the court may appoint an attorney to represent the interests of the child. In any case of neglect or abuse brought pursuant to this chapter, the court shall appoint an attorney to represent an indigent parent alleged to have neglected or abused his or her child. In addition, the court may appoint an attorney to represent an indigent parent not alleged to have neglected or abused his or her child if the parent is a household member and such independent legal representation is necessary to protect the parent's interest. The court shall not appoint an attorney to represent any other persons involved in a case brought under this chapter.
(b) When an attorney is appointed as counsel for a child, representation may include counsel and investigative, expert and other services, including process to compel the attendance of witnesses, as may be necessary to protect the rights of the child.
III. The New Hampshire supreme court shall adopt rules regarding the duties and responsibilities of the CASA guardian ad litem or other guardian ad litem appointed for the child.
Source.
1979, 361:2. 1995, 308:67. 1997, 292:2. 2011, 224:75, 77. 2013, 144:60, eff. July 1, 2013.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:11 - Subpoena.

169-C:11 Subpoena. –
A subpoena may be issued pursuant to RSA 516, or upon application of a party to the proceedings, or upon the motion of the court. The court may issue subpoenas requiring the production of papers and the attendance of any person whose presence is required by the child, his parents or guardian or any other person whose presence, in the opinion of the court, is necessary.
Source.
1979, 361:2, eff. Aug. 22, 1979.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:12 - Evidence.

169-C:12 Evidence. –
In any hearing under this chapter, the court shall not be bound by the technical rules of evidence and may admit evidence which it considers relevant and material. Evidence of prior founded or unfounded reports of abuse or neglect shall be admissible in proceedings under this chapter in order to establish a relevant pattern or course of conduct.
Source.
1979, 361:2, eff. Aug. 22, 1979. 2017, 156:201, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:12-a - Testimony During Abuse and Neglect Proceedings.

169-C:12-a Testimony During Abuse and Neglect Proceedings. –
Testimony by parents who are the subject of an abuse and neglect petition and who are alleged to have abused or neglected a child, which is given during proceedings under this chapter or during a fair hearing conducted by the department, shall not be admissible in criminal proceedings relating to such abuse or neglect allegations.
Source.
1990, 240:4. 1995, 310:175, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:12-b - Filing Reports, Evaluations, and Other Records.

169-C:12-b 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 business days prior to any hearing. If a report, evaluation, or other record is not filed at least 5 business days prior to the hearing, a party may request, and the court shall grant, a continuance to a date certain which shall not be more than 10 days from the date of filing. 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, 57:2. 1994, 212:2. 1995, 310:181. 2006, 276:2, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:12-c - Medical Examinations of Child.

169-C:12-c Medical Examinations of Child. –
A parent who is the subject of an abuse or neglect petition not involving sexual abuse shall be entitled to request a medical examination of each child involved by a licensed physician of the parent's choice at the parent's expense within 72 hours of the first official notice of the complaint received by the parent. Where the department has assumed protective supervision or legal custody of the child and an examination of the child is necessary to verify or refute an allegation of injury, the department shall cooperate with the request and shall transport the child to the physician's office for examination provided that the physician's office is within a reasonable distance of the district office that is conducting the abuse or neglect investigation. The transportation of a child to a physician's office that is located within the state of New Hampshire shall be presumed to be reasonable under this section.
Source.
2006, 276:3, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:12-d - Court-Ordered Alcohol and Drug Testing.

169-C:12-d Court-Ordered Alcohol and Drug Testing. –
The court may order alcohol or drug testing at any stage of the proceeding where substance abuse is an ongoing issue in the case, where alcohol or drug use is a disputed issue of fact, or where there is reason to believe that alcohol or drug use may be substantially interfering with a parent's ability to adhere to the case plan. Unless otherwise ordered by the court, the frequency and type of such testing shall be at the discretion of the department.
Source.
2016, 308:3, eff. July 1, 2016.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:12-f - Rebuttable Presumption of Harm.

[RSA 169-C:12-f repealed by 2020, 26:56, effective July 1, 2024.]
169-C:12-f Rebuttable Presumption of Harm. –
There shall be a rebuttable presumption that a child's health has suffered or is likely to suffer serious impairment by exposure to any of the following conduct:
I. Evidence of a parent's, guardian's, or custodian's substance misuse that is adversely affecting a child's care or supervision, when that parent, guardian, or custodian is not actively engaged in treatment;
II. Evidence of a parent's, guardian's, or custodian's impaired driving or operating of a motor vehicle while a child is in the vehicle; or
III. Evidence of a parent's, guardian's, or custodian's exposure of a child to:
(a) Physical violence directed at a sibling, the other parent, or another person living in the home; or
(b) Psychological maltreatment directed at the child, a sibling, the other parent, or another person living in the home.
IV. The rebuttable presumption of harm established in paragraph III shall not apply to victims of domestic violence who are subject to an abuse or neglect petition filed pursuant to this chapter as a result of an incident or incidents in which that parent, guardian, or caregiver was the victim.
Source.
2020, 26:54, eff. July 20, 2020, Jan. 1, 2021.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:12-g - Investigatory Interviews and Evaluations.

169-C:12-g Investigatory Interviews and Evaluations. –
The court may order a parent, guardian, custodian, or other caregiver to produce a child for the purpose of an investigatory interview, including a multidisciplinary team interview in accordance with RSA 169-C:34-a or an interview or evaluation by any other expert necessary for the purpose of the investigation of suspected abuse or neglect.
Source.
2021, 122:46, eff. July 9, 2021.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:13 - Burden of Proof.

169-C:13 Burden of Proof. –
The petitioner has the burden to prove the allegations in support of the petition by a preponderance of the evidence.
Source.
1979, 361:2, eff. Aug. 22, 1979.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:14 - Hearings Not Open to the Public.

169-C:14 Hearings Not Open to the Public. –
The general public shall be excluded from any hearing under this chapter and such hearing shall, whenever possible, be held in rooms not used for criminal trials. Only such persons as the parties, their witnesses, counsel and representatives of the agencies present to perform their official duties shall be admitted, except that other persons invited by a party may attend, with the court's prior approval. The court may provide docket information to invited persons.
Source.
1979, 361:2. 1990, 53:1. 2006, 228:1, eff. July 31, 2006.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:14-a - Records of Hearings.

169-C:14-a Records of Hearings. –
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, 248:2, eff. Jan. 2, 1997.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:15 - Preliminary Hearing.

169-C:15 Preliminary Hearing. –
I. After an ex parte order is issued or petition filed, a preliminary hearing shall be conducted by the court to determine if reasonable cause exists to believe that the child is abused or neglected.
II. If the court does not find reasonable cause to believe that the child is abused or neglected, it shall dismiss the petition.
III. Upon a finding of reasonable cause that the child is abused or neglected, the court shall:
(a) Appoint a CASA or other approved program guardian ad litem or an attorney to represent the child pursuant to RSA 169-C:10.
(b) Determine whether any ex parte orders issued should be continued or modified.
(c) Issue orders pursuant to RSA 169-C:16, which shall be immediate and in writing if the court finds that the child's circumstances or surroundings present an imminent danger to the child's health or life.
(d) Set a date for an adjudicatory hearing. In all cases, the adjudicatory hearing shall be held and completed and written findings issued within 60 days from the date that the petition was filed with the court. If a child is in an out-of-home placement, the adjudicatory hearing shall be held and completed within 30 days from the date the petition was filed with the court, unless the court makes a written finding of extraordinary circumstances requiring the time limit to be extended.
IV. The court shall determine whether each parent summoned understands the possible consequences to parental rights should the court find that the child is abused or neglected. Each person shall sign a statement stating that such person understands the consequences to parental rights. Such statement shall be in a form to be determined by the court.
V. Any person who is subject to an ex parte order may challenge the order at the preliminary hearing.
Source.
1979, 361:2. 1991, 214:2. 1994, 411:8. 2007, 236:11. 2011, 177:4; 224:76. 2013, 144:59, eff. July 1, 2013. 2022, 272:14, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:17 - Consent Order.

169-C:17 Consent Order. –
I. At any time after the filing of the petition and prior to an order of adjudication pursuant to RSA 169-C:18, the court may approve a written agreement entered into among or between the parties.
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. A consent order under this section may include a finding of abuse or neglect; however, a finding of abuse or neglect shall not be required except where the consent order provides for out-of-home placement of the child.
III. Where a consent order includes a finding and provides for the out-of-home placement of a child, the order shall set a date for a permanency hearing that is within 12 months of the date of the court's approval of the consent order.
Source.
1979, 361:2. 1995, 308:68; 310:175. 2002, 152:1. 2007, 236:12, eff. Jan. 1, 2008.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:19-a - Out-of-District Placement.

169-C: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 that order.
Source.
1991, 342:2, eff. Aug. 27, 1991.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:19-b - Presumption in Favor of In-State Placements.

169-C: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, 308:71, eff. July 1, 1995.