reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-B - Delinquent Children › Section 169-B:8 - Failure to Appear; Felony Against Person or Property; Felony Drug Offense; Warrant.

169-B:8 Failure to Appear;  Felony Against Person or Property;  Felony Drug Offense;  Warrant. –
I. Any person summoned who, without reasonable cause, fails to appear with the minor, may be proceeded against as in case of contempt of court.
II. If a summons cannot be served or the party served fails to obey the same, and in any case where it appears to the court that such summons will be ineffectual, a warrant may be issued for the minor's appearance or for the appearance of anyone having custody or control of the minor or for both.
III. Notwithstanding the provisions of paragraphs I and II, a warrant may be issued for the detention of a minor whose offense constitutes a felony against the person or property, or a felony under RSA 318-B.
Source.
1979, 361:2. 1995, 302:8, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-B - Delinquent Children › Section 169-B:9 - Arrest or Taking Minor Into Custody.

169-B:9 Arrest or Taking Minor Into Custody. –
I. A police officer or juvenile probation and parole officer may, without taking a minor into custody, refer the minor to the department for a needs assessment. Upon receiving such referral, the department shall conduct the needs assessment using the same process for obtaining consent as required in RSA 169-B:10, I-a for cases referred to the department after a minor is taken into custody.
I-a. Nothing in this chapter shall be construed as forbidding any juvenile probation and parole officer from immediately arresting or taking into custody any minor who is found violating any law, or who is reasonably believed to be a fugitive from justice, or whose circumstances are such as to endanger such minor's person or welfare, unless immediate action is taken.
II. Nothing in this chapter shall be construed as forbidding any police officer from immediately taking into custody any minor who is found violating any law, or whose arrest would be permissible under RSA 594:10, or who is reasonably believed to be a fugitive from justice, or whose circumstances are such as to endanger such minor's person or welfare, unless immediate action is taken.
Source.
1979, 361:2. 1987, 402:12. 1995, 302:9. 2000, 294:9, eff. July 1, 2000. 2021, 220:2, eff. Jan. 1, 2022.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-B - Delinquent Children › Section 169-B:9-a - Use of Alternatives to Secure Detention.

169-B:9-a Use of Alternatives to Secure Detention. –
An officer may release a minor to an alternative to secure detention, with court approval, pending the arrival of the parent, guardian, or custodian. The alternative program may release the minor to the parent, guardian, or custodian upon their arrival. Any court or police or juvenile probation and parole officer, acting in good faith pursuant to this section, shall have immunity from any liability, civil or criminal, which might otherwise be incurred or imposed as a result of release to an alternative to secure detention.
Source.
1988, 197:2. 2000, 294:9, eff. July 1, 2000.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-B - Delinquent Children › Section 169-B:9-b - Recognition of Foreign Probation Officers.

169-B:9-b Recognition of Foreign Probation Officers. –
If a minor has been placed on probation or protective supervision by a juvenile court of another state and the minor is in this state with or without the permission of such court, the probation officer of that court or other person designated by that court to supervise or take custody of the minor has all the powers and privileges in this state with respect to the minor as have like officers or persons of this state, including the right of visitation, counseling, control, direction, taking into custody, and returning the minor to that state.
Source.
1990, 201:3, eff. June 26, 1990.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-B - Delinquent Children › Section 169-B:11 - Release Prior to Arraignment.

169-B:11 Release Prior to Arraignment. –
An officer taking a minor into custody pursuant to RSA 169-B:9 may release the minor to a parent, guardian or custodian pending arraignment; however, if the minor is not released within 4 hours of being taken into custody, the court shall be notified, and thereupon, placement, until arraignment, shall be determined by the court.
I. A minor taken into custody pursuant to RSA 169-B:9 shall be released to a parent, guardian, or custodian pending arraignment; or
II. If such a person is not available, the court may release the minor under the supervision of a relative or friend; or may release the minor 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 crisis home, a shelter care facility, a group home, or an alcohol crisis center certified to accept juveniles; or
III. If the court determines that continued detention is required, based upon the criteria specified under RSA 169-B:14, I(e)(2), it may order continued detention at an alternative to secure detention, or any facility certified for the detention of minors by the commissioner of the department of health and human services. A minor shall not be held in any facility where adults charged, convicted or committed for criminal offenses are simultaneously detained except that a juvenile alleged or found to be delinquent may be held for up to 6 hours in a metropolitan area or up to 24 hours in a non-metropolitan area for processing and while awaiting release or transfer to a juvenile facility, provided that the detention is in a room or cell separate and removed from all contact, both sight and sound, with all adult inmates.
Source.
1979, 361:2. 1982, 39:12. 1985, 379:1. 1988, 197:3. 1989, 285:3. 1992, 18:1. 1994, 212:2. 1995, 310:171. 2001, 117:4. 2007, 325:8, eff. July 16, 2007. 2020, 26:14, eff. July 1, 2020.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-B - Delinquent Children › Section 169-B:11-a - Minor's Welfare; Findings Regarding Removal.

169-B:11-a Minor's Welfare;  Findings Regarding Removal. –
I. The court shall, in its first court ruling that sanctions, even temporarily, the removal of a minor from the home, determine whether continuation in the home is contrary to the minor's welfare.
II. The court shall, within 60 days of a minor's removal from the home, 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, 236:2, eff. Jan. 1, 2008.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-B - Delinquent Children › Section 169-B:13 - Arraignment; Court Referrals; Uncompensated Public Service by Minors.

169-B:13 Arraignment;  Court Referrals;  Uncompensated Public Service by Minors. –
I. No minor shall be detained for more than 24 hours, Sundays and holidays excluded, from the time of being taken into custody without being brought before a court. At any arraignment the court shall:
(a) Advise the minor in writing and orally of any formal charges;
(b) Inform the minor of the applicable constitutional rights;
(c) Appoint counsel pursuant to RSA 169-B:12;
(d) Establish any conditions for release; and
(e) Set a hearing date.
(f)(1) Inquire of the juvenile and a parent or guardian of the juvenile if the juvenile has been:
(A) Determined to have a cognitive disability; or
(B) Determined to have a mental illness, emotional or behavioral disorder, or another disorder that may impede the child's decision-making abilities; or
(C) Identified as eligible for special education services; or
(D) Previously referred to a care management entity as defined in RSA 135-F:4, III.
(2) Such inquiry shall be conducted to gather complete and accurate information. The court shall make a record of the inquiry and of any information provided in response to the inquiry.
I-a. No plea shall be taken until the minor has the opportunity to consult with counsel or until a waiver is filed pursuant to RSA 169-B:12.
II. The court may, at any time after arraignment, dispose of the petition by referring the minor or the minor and family for participation in a court approved diversion program or other intervention program.
II-a. The court may, at the arraignment 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. A referral under this section may include an order for the minor to perform up to 50 hours of uncompensated public service subject to the approval of the elected or appointed official authorized to give approval of the city or town in which the offense occurred. The court's order for uncompensated public service shall include the name of the official who will provide supervision to the minor. However, no person who performs such public service under this paragraph shall receive any benefits that such employer gives to its other employees, including, but not limited to, workers' compensation and unemployment benefits and no such employer shall be liable for any damages sustained by a person while performing such public service or any damages caused by that person unless the employer is guilty of gross negligence.
Source.
1979, 361:2. 1999, 305:6-8. 2008, 274:4. 2010, 175:4, eff. Jan. 1, 2011. 2019, 44:6, 7, eff. Aug. 2, 2019; 346:334, 335, eff. July 1, 2019.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-B - Delinquent Children › Section 169-B:14 - Release or Detention Pending Adjudicatory Hearing.

169-B:14 Release or Detention Pending Adjudicatory Hearing. –
I. Following arraignment a minor alleged to be delinquent may be ordered by the court to be:
(a) Retained in the custody of a parent, guardian, or custodian; or
(b) Released in the supervision and care of a relative or friend; or
(c) Released to the 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; or
(d) [Repealed.]
(e) Detained at a facility certified by the commissioner of the department of health and human services for detention of minors pursuant to the following:
(1) No minor charged with delinquency shall be securely detained following arraignment unless the prosecution establishes probable cause to believe that the minor committed the alleged delinquent acts and unless the prosecution demonstrates by clear and convincing evidence the need for secure detention, based upon the criteria for secure detention specified in subparagraph (e)(2);
(2) A minor shall not be securely detained unless secure detention is necessary:
(A) To insure the presence of the juvenile at a subsequent hearing; or
(B) To provide care and supervision for a minor who is in danger of self-inflicted harm when no parent, guardian, custodian, or other suitable person or program is available to supervise and provide such care; or
(C) To protect the personal safety or property of others from the probability of serious bodily harm or other harm.
(3) Secure detention shall not be ordered for delinquency charges which may not form the basis for commitment under RSA 169-B:19, I(j).
II. The adjudicatory hearing shall be held within 21 days of arraignment for minors detained pending such hearing and within 30 days of arraignment for minors not detained. An extension of these time limits may be permitted, upon a showing of good cause, for an additional period not to exceed 14 calendar days.
II-a. After arraignment, the court shall determine if the legally liable school district shall be joined pursuant to RSA 169-B:22.
III. All orders issued pursuant to this section shall set forth findings in writing and may be subject to such conditions as the court may determine.
Source.
1979, 361:2. 1982, 39:13. 1985, 379:2. 1988, 197:4. 1994, 212:2. 1995, 302:12; 310:171. 1997, 19:1. 2001, 117:5. 2007, 325:9, 15, I. 2008, 274:5, eff. July 1, 2008. 2017, 156:158, eff. May 1, 2018. 2020, 26:15, eff. July 1, 2020.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-B - Delinquent Children › Section 169-B:15 - No Detention at Jail.

169-B:15 No Detention at Jail. –
Following arraignment no minor shall be detained in any facility where adults charged, convicted or committed for criminal offenses are simultaneously detained.
Source.
1979, 361:2. 1992, 18:2, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-B - Delinquent Children › Section 169-B:15-a - Inspection of Facilities; Lock-up Log.

169-B:15-a Inspection of Facilities;  Lock-up Log. –
Each facility used by law enforcement, county sheriffs, or state police to securely detain minors shall establish a lock-up log for all minors securely detained. The log shall contain the identification number, the charge, the date and time locked in secure detention, the date and time released from secure detention, to whom released, and reason for secure detention. The log shall be kept confidential both by the agency or facility which maintains it and by the department of health and human services, which shall receive copies of the log, January 1 and July 1 of each year, beginning January 1, 1989. To ensure that the requirements of this chapter and of 42 U.S.C. section 5633 are met, any secure or non-secure facility which detains minors shall provide, upon request and in a timely manner, access to the facility for inspection purposes to the department of health and human services jail compliance monitor, or the monitor's designee. If the facility is required under this section to maintain a log, access to the log shall also be provided.
Source.
1988, 197:5, 15. 1992, 18:3. 1994, 212:2. 1995, 310:181. 2008, 175:1, eff. Aug. 10, 2008.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-B - Delinquent Children › Section 169-B:15-b - Notification of Right to Request Records.

169-B:15-b Notification of Right to Request Records. –
The court shall notify parties of their right to request in advance of any hearing under this chapter that a record of such hearing shall be preserved and made available to the parties.
Source.
1996, 248:1, eff. Jan. 2, 1997.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-B - Delinquent Children › Section 169-B:15-c - Facilities; Digital Video Recording.

169-B:15-c Facilities;  Digital Video Recording. –
I. Each facility paid for in whole or in part with general funds and used by law enforcement, county sheriffs, or state police to securely detain minors shall continuously record and store digital video of activity in all common areas. Areas requiring privacy pursuant to federal or state laws or regulations shall be exempt from the recording obligation.
II. The system of video recording, storage, and retrieval shall:
(a) Record using sufficient imaging patterns and quality to visually assess the actions of one person and the interactions between 2 or more people.
(b) Retain data at a minimum length of time as justice may require. The provisions of RSA 169-B:34 through 169-B:38 shall also apply to this section.
(c) Maintain an uptime of 98 percent or above.
(d) Be regularly subject to technological updates and maintenance to maintain the confidentiality, integrity, and availability of all components.
Source.
2022, 140:1, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-B - Delinquent Children › Section 169-B:16 - Adjudicatory Hearing.

169-B:16 Adjudicatory Hearing. –
I. An adjudicatory hearing under this chapter shall be conducted by the court, separate from the trial of criminal cases.
II. Following arraignment, the court shall proceed to hear the case in accordance with the due process rights afforded a minor charged with delinquency. The prosecution shall present witnesses to testify in support of the petition and any other evidence necessary to support the petition. The minor shall have the right to present evidence and witnesses on behalf of the minor and to cross-examine adverse witnesses. The provisions of RSA 613:3, I, relative to the summoning of out-of-state witnesses, shall apply to the proceedings.
III. If the court finds the minor has committed the alleged offense, it shall, unless a report done on the same minor less than 3 months previously is on file:
(a) Order the department of health and human services or other appropriate agency to make an investigation and written report consisting of, but not limited to, the home conditions, school records and the mental, physical and social history of the minor, and if ordered by the court, a physical and mental examination of the minor conducted pursuant to RSA 169-B:23, RSA 169-B:20 and RSA 169-B:21.
(b) Determine whether the legally liable school district shall be joined pursuant to RSA 169-B:22, and if joined, review the school district's recommendations. The court shall not issue a disposition order until it reviews the investigative report required under this chapter or the school district recommendations required under RSA 169-B:22.
IV. The court shall share the report with the parties. The report shall be used only after a finding of delinquency and only as a guide for the court in determining an appropriate disposition for the minor.
V. The court shall hold a hearing on final disposition within 21 days of the adjudicatory hearing if the minor is detained and within 30 days of the adjudicatory hearing if the minor is released.
VI. Whenever a court contemplates a placement which will require educational services outside the child's home school district, the court shall notify the school district and give the district the opportunity to send a representative to the hearing at which such placement is contemplated. In cases where immediate court action is required to protect the health or safety of the child or of the community, the court may act without providing for an appearance by the school district, but shall make reasonable efforts to solicit and consider input from the school district before making a placement decision.
Source.
1979, 361:2. 1987, 402:13. 1994, 212:2. 1995, 302:13; 310:181. 2004, 41:1. 2007, 295:1. 2008, 274:6, eff. July 1, 2008.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-B - Delinquent Children › Section 169-B:16-a - Limits on Extended Detention Following Adjudicatory Hearing.

169-B:16-a Limits on Extended Detention Following Adjudicatory Hearing. –
Following the initial dispositional order issued pursuant to RSA 169-B:19 regarding a charge or charges arising out of a single incident, a child shall not be securely detained for a period or periods totaling longer than 21 days while awaiting placement or a hearing regarding a change of disposition, or for any other purpose. The court may permit extended detention beyond this limit if it finds by clear and convincing evidence that extended detention is necessary for the safety of the child or the public and the child consents with the assistance of counsel. In any case involving a child who is detained, the court shall ensure that the child is continuously represented by counsel during any period of detention. In cases where extended detention is permitted pursuant to this section, the court shall hold review hearings with the child and counsel present on a weekly basis to determine whether detention continues to be justified.
Source.
2017, 156:160, eff. Jan. 1, 2018.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-B - Delinquent Children › Section 169-B:17 - Burden of Proof.

169-B:17 Burden of Proof. –
The petitioner has the burden to prove the allegations in support of the petition beyond a reasonable doubt.
Source.
1979, 361:2, eff. Aug. 22, 1979.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-B - Delinquent Children › Section 169-B:18 - Custody Pending Final Disposition.

169-B:18 Custody Pending Final Disposition. –
Following the adjudicatory hearing, release pending the dispositional hearing shall be determined in accordance with RSA 169-B:14.
Source.
1979, 361:2, eff. Aug. 22, 1979.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-B - Delinquent Children › Section 169-B:19-a - Out-of-District Placement.

169-B:19-a Out-of-District Placement. –
In the case of an out-of-district placement, the appropriate court shall notify the department of education on the date that the court order is signed, stating the initial length of time for which such placement is made. This section shall apply to the original order and all subsequent modifications of that order.
Source.
1991, 324:1, eff. Aug. 27, 1991.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-B - Delinquent Children › Section 169-B:19-b - Presumption in Favor of In-State Placements.

169-B:19-b Presumption in Favor of In-State Placements. –
There shall be a presumption that an in-state placement is the least restrictive and most appropriate placement. The court may order an out-of-state placement only upon an express written finding that there is no appropriate in-state placement available.
Source.
1995, 308:62, eff. July 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-B - Delinquent Children › Section 169-B:19-c - Court Order for Services, Placements, and Programs Required for Minors From Certain Providers Qualified for Third-Party Payment.

169-B:19-c Court Order for Services, Placements, and Programs Required for Minors From Certain Providers Qualified for Third-Party Payment. –
The court, wherever and to the extent possible, shall order services, placements, and programs by providers certified pursuant to RSA 170-G:4, XVIII who qualify for third-party payment under any insurance covering the minor.
Source.
1996, 286:10, eff. June 10, 1996.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-B - Delinquent Children › Section 169-B:19-d - Placement in a Qualified Residential Treatment Program.

169-B:19-d Placement in a Qualified Residential Treatment Program. –
For any child placed in a qualified residential treatment program, as defined in the federal Family First Prevention Services Act of 2017, the court shall:
I. Order an assessment to be completed within 30 days of placement by a qualified individual as defined by the 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, 122:69, eff. July 9, 2021.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-B - Delinquent Children › Section 169-B:21 - Mental Health and Substance Abuse Evaluation.

169-B:21 Mental Health and Substance Abuse Evaluation. –
I. Any court, finding that a minor has committed the alleged offense may, before making a final disposition, order the minor, minor's parents, guardian, or person with custody or control to submit to a mental health or substance abuse evaluation to be completed within 60 days. Any substance abuse evaluation of the parent guardian, or person having custody of the child shall be conducted by a provider contracted with the bureau of substance abuse services, or a provider paid by the parent, guardian, or person having custody of the child. The cost of such evaluation shall be paid by private insurance, if available, or otherwise by the department. A written report of the evaluation shall be given to the court before the dispositional hearing. If the parents, guardian, minor, or person having custody or control objects to the mental health or substance abuse evaluation, they shall object in writing to the court having jurisdiction within 5 days after notification of the time and place of the evaluation. The court shall hold a hearing to consider the objection prior to ordering such evaluation. Upon good cause shown, the court may excuse the parents, guardian, minor, or person having custody or control from the provisions of this section.
II. Whenever such an evaluation has been made for consideration at a previous hearing, it shall be jointly reviewed by the court and the evaluating agency before the case is heard. The evaluating facility, agency, or individual shall keep records, but no reports or records of information contained therein shall be made available other than to the court and parties, except upon the written consent of the person examined or treated and except as provided in RSA 169-B:35.
III. In the case of a minor found guilty of possession of marijuana or hashish, the court, finding that a minor has committed the alleged offense, shall refer the minor for a substance abuse assessment to be completed prior to the dispositional hearing. The court may waive the requirement of an assessment if it has access to a similar assessment completed in the previous year or, based on substantial evidence, the court does not find there is a need for an assessment. The assessment shall be completed by a licensed drug and alcohol counselor. The results of the assessment shall be submitted to the court and, if indicated, the court shall order that the minor obtain appropriate treatment. The minor shall furnish the court with evidence of participation and completion of the substance abuse assessment.
Source.
1979, 361:2. 1999, 305:11, eff. Jan. 1, 2000. 2017, 248:9, eff. Sept. 16, 2017. 2020, 26:18, eff. July 1, 2020.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-B - Delinquent Children › Section 169-B:22-a - Notice to School District of Out-of-Home Placement; Development of Transition Plan.

169-B:22-a 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, 51:2, eff. July 14, 2018.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-B - Delinquent Children › Section 169-B:23 - Orders for Health Examination and Treatment.

169-B:23 Orders for Health Examination and Treatment. –
If it is alleged in any petition, or it appears at any time during the progress of the case, that a delinquent is in need of health treatment, the failure to receive which is a contributing cause of delinquency, due notice of that fact shall be given as provided in RSA 169-B:7. If the court, upon hearing, finds that such treatment is reasonably required, it shall be ordered and the expense thereof shall be borne as provided in RSA 169-B:40.
Source.
1979, 361:2, eff. Aug. 22, 1979. 2021, 182:2, eff. Jan. 1, 2022.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-B - Delinquent Children › Section 169-B:25 - Petition by County Attorney or Attorney General.

169-B:25 Petition by County Attorney or Attorney General. –
If facts are presented to the county attorney or attorney general establishing that a person under the age of 18 has been guilty of conduct which constitutes a felony or would amount to a felony in the case of an adult and if such person is not within the jurisdiction of this state, the county attorney or attorney general may file a petition with the judge of the municipal or district court which would otherwise have jurisdiction under the provisions of this chapter. The petition shall set forth the nature of the offense with which the person is charged and shall specify the person's whereabouts if known. On receipt of such petition, the court may summarily authorize the county attorney or attorney general to proceed against such person under regular criminal procedures, and without regard to the provisions of this chapter. Pending determination by the superior court as provided in this section and pending final disposition of the matter, such persons shall be bailable with sufficient sureties as in the case of adults and, in default thereof, may be committed to the custody of the juvenile probation and parole officer or detained at a county correctional facility unless detention elsewhere is ordered by the superior court. The superior court shall determine, after hearing, whether such person shall be treated as a juvenile under the provisions of this section or whether the case shall be disposed of according to regular criminal procedures.
Source.
1979, 361:2. 1987, 402:12. 1988, 89:18. 1995, 302:19; 308:107. 2000, 294:9, eff. July 1, 2000. 2014, 215:11, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-B - Delinquent Children › Section 169-B:26 - Petition by Minor.

169-B:26 Petition by Minor. –
At any time prior to hearing pursuant to RSA 169-B:16, a minor who is charged with an act of delinquency committed after the minor's seventeenth birthday may petition the court to be tried as an adult and to have such case dealt with in the same manner as any other criminal prosecution.
Source.
1979, 361:2. 1995, 302:19; 308:107, eff. Jan. 1, 1996. 2014, 215:12, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-B - Delinquent Children › Section 169-B:27 - Treatment of Juvenile as Adult.

169-B:27 Treatment of Juvenile as Adult. –
Any minor who has been tried and convicted as an adult shall henceforth be treated as an adult for all purposes in connection with any criminal offense with which said minor may be charged.
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:28 - Disqualification of Judge.

169-B:28 Disqualification of Judge. –
A judge who conducts a hearing pursuant to RSA 169-B:24, RSA 169-B:25, or RSA 169-B:26 shall not participate in any subsequent proceedings relating to the offense or conduct alleged in the delinquency petition if the minor or counsel for the minor objects to such participation.
Source.
1979, 361:2. 1995, 302:20, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-B - Delinquent Children › Section 169-B:29 - Appeals.

169-B:29 Appeals. –
An appeal, under this chapter, may be taken to the supreme court by the minor 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.
Source.
1979, 361:2. 1995, 308:108, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-B - Delinquent Children › Section 169-B:30 - Committal of Children Under Eleven.

169-B:30 Committal of Children Under Eleven. –
Notwithstanding any other provision of law, minors under the age of 11 years shall not be committed to the youth development center unless and until the court has referred the matter to and received the recommendation of an appropriate public or private agency or of a juvenile probation and parole officer that there is no other public or private home or institution suitable for such commitment.
Source.
1979, 361:2. 1987, 402:12. 2000, 294:9, eff. July 1, 2000.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-B - Delinquent Children › Section 169-B:31 - Case Closure and Review of Disposition.

169-B:31 Case Closure and Review of Disposition. –
Upon making a finding that the purposes of this chapter have been met with regard to the minor named in the petition, or for such other reason the court may deem appropriate and consistent with the purposes of this chapter, the court may order a case closed. Any case remaining open for 12 months after the date of the disposition shall be reviewed by the court annually and closed, unless the court finds by a preponderance of the evidence that the continued provision of services and court involvement are necessary and shall be fruitful to rehabilitate the minor or protect the public interest. All such findings shall be in writing and shall include the basis upon which those findings were made. Upon request by the child, the court shall also review any case in which the child remains at the youth development center more than 6 months after the order of commitment without having been released on parole or having been returned to the youth development center following revocation of parole. Successive requests for review shall be granted upon request by the child but the court may deny such requests without a hearing if a review was held less than 90 days prior to receipt of a request for review. In each instance that the court reviews a case in which the child remains at the youth development center at the time of review, the child shall be entitled to the assistance of counsel, which may not be waived except following consultation between the child and a parent or counsel. Consultation between a child and parent is not sufficient to support waiver under this section if the parent was a victim or complainant in the underlying proceeding or has been a witness or provided information in support of the basis for revocation in a parole revocation proceeding involving the child. Children known to the department of health and human services or the court to have an emotional disorder, intellectual disability, or any other condition which may be expected to interfere with a child's ability to understand the proceedings, make decisions, or otherwise handle the proceedings without the assistance of counsel may not waive the right to counsel guaranteed by this section.
Source.
1979, 361:2. 1999, 305:12. 2013, 249:22, eff. Sept. 22, 2013. 2014, 215:23, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-B - Delinquent Children › Section 169-B:31-a - Permanency Hearings.

169-B:31-a Permanency Hearings. –
I. For a minor 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 minor's entry into out-of-home placement or within 12 months of the court's adjudicatory finding, whichever is earlier. For a minor 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 minor's entry into out-of-home placement. For a minor 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 minor is in an out-of-home placement.
II. At a permanency hearing the court shall consider whether the parent or parents and the minor have met the responsibilities pursuant to the dispositional orders issued by the court. If compliance with the dispositional orders pursuant to RSA 169-B:19 is not met, the court may adopt a permanency plan other than reunification for the minor. 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, 236:5. 2008, 213:3, eff. Aug. 15, 2008.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-B - Delinquent Children › Section 169-B:31-b - Data Collection; Reporting Requirement.

169-B:31-b Data Collection;  Reporting Requirement. –
I. The department shall establish a system to collect data related to:
(a) Charges which led to involvement with the juvenile justice system.
(b) The racial and ethnic identity of the child.
(c) The length of time a child receives services under this chapter, beginning at the time of arraignment.
(d) The identity of paid services or programs to whom the department has referred a child or family.
(e) 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.
(f) 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, 2014, 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) Total census at Sununu Youth Services Center (SYSC) at the beginning of each quarterly reported period reported by:
(1) Sex.
(2) County of residence.
(3) Status (i.e. pre-trial, confinement).
(4) Criminal charge.
(5) Re-entry into the juvenile justice system.
(b) The number of 6 month parole hearings and the outcomes during the previous quarter and year to date.
Source.
2014, 215:24, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-B - Delinquent Children › Section 169-B:31-c - Dispositions and Case Closure in Certain Cases.

169-B:31-c Dispositions and Case Closure in Certain Cases. –
I. Notwithstanding any other provision of this chapter, the court shall close all cases other than those involving serious violent offenses no later than 2 years after the date of adjudication. This section shall not apply if, with the assistance of counsel, the minor consents to continued jurisdiction.
II. In this section, "serious violent offenses" mean first degree murder, second degree murder, attempted murder, manslaughter, negligent homicide under RSA 630:3, II, first degree assault, second degree assault, except when the allegation is a violation of RSA 631:2, I(d), felonious sexual assault, aggravated felonious sexual assault, kidnapping, criminal restraint, robbery punishable as a class A felony, burglary while armed or involving the infliction of bodily harm under RSA 635:1, II, or arson punishable as a felony.
Source.
2017, 156:162, eff. June 28, 2017.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-B - Delinquent Children › Section 169-B:32 - Limitations of Authority Conferred.

169-B:32 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 or boats, a fish and game law, a law relating to title XIII, a law relating to fireworks under RSA 160-B or RSA 160-C, any town or municipal ordinance which provides for a penalty not exceeding $100 plus the penalty assessment, 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. However, if incarceration takes place at any stage in proceedings on such violations, incarceration shall be only in a juvenile facility certified by the commissioner of the department of health and human services.
Source.
1979, 361:2. 1981, 563:2. 1992, 18:5; 44:7. 1994, 212:2. 1995, 308:64; 310:171. 1999, 348:15, eff. Jan. 21, 2000. 2019, 346:105, eff. Jan. 1, 2020. 2020, 37:115, eff. July 29, 2020.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-B - Delinquent Children › Section 169-B:33 - Religious Preference.

169-B:33 Religious Preference. –
The court and officials, in placing minors, shall, as far as practicable, place them in the care and custody of some individual holding the same religious beliefs as the minor or the parents of said minor, or with some association which is controlled by persons of like religious faith. No minor under the supervision of any state institution shall be denied the free exercise of the minor's own religion or the religion of the parents, whether living or dead, nor the liberty of worshipping God according thereto.
Source.
1979, 361:2. 1995, 302:21, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-B - Delinquent Children › Section 169-B:34 - Court Sessions; Access to Information.

169-B:34 Court Sessions;  Access to Information. –
I. (a) All juvenile cases shall be heard separately from the trial of criminal cases, and such hearing shall be held wherever possible in rooms not used for such trials. Only such persons as the parties, their witnesses, their counsel, the victim, a victim witness advocate or other person chosen by the victim, the county attorney, the attorney general and the representatives of the agencies present to perform their official duties shall be admitted; provided, however, that if the witness is under 16 years of age, the witness' parent or other appropriate adult shall be permitted to be present during the witness' testimony. In those cases where the delinquent act complained of would constitute a felony if the act of an adult, the attorney general and the county attorney of the county in which the offense took place shall receive notice thereof by the court.
(b) For the purpose of this section, "victim" means a person who suffers direct physical, emotional, psychological, or economic harm as a result of the commission of a crime or delinquent act. "Victim" also includes the immediate family of any victim who is a minor or who is incompetent, or the immediate family of a homicide victim.
II. If the victim is unable to attend the hearing under paragraph I, the prosecution, upon request of the victim, may disclose to the victim information disclosed at the hearing.
III. At any time after the diversion or arraignment of a juvenile, the following information regarding the juvenile shall be disclosed to the victim, and may be disclosed to the victim's immediate family, upon the request of the victim or the victim's immediate family, by a law enforcement agency or the prosecution:
(a) Name.
(b) Age.
(c) Address.
(d) Gender.
(e) Offense charged.
(f) Custody status.
(g) Adjudicatory status and disposition.
IV. It shall be unlawful for a victim or any member of the victim's immediate family to disclose any confidential information to any person not authorized or entitled to access such confidential information. Any person who knowingly discloses such confidential information shall be guilty of a misdemeanor.
V. No minor who is the subject of a petition filed pursuant to RSA 169-B:6 shall be held in or escorted through any part of a court facility that is occupied by the members of the public while the minor is in handcuffs, shackles, or other devices which would indicate that the minor is in law enforcement custody or subject to an order of confinement, unless no reasonable, alternative means of egress is available.
Source.
1979, 361:2. 1985, 228:3. 1996, 294:1. 2003, 275:1, eff. Sept. 16, 2003. 2017, 180:1, eff. Aug. 28, 2017.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-B - Delinquent Children › Section 169-B:35 - Juvenile Case and Court Records.

169-B:35 Juvenile Case and Court Records. –
I. All case records, as defined in RSA 170-G:8-a, relative to delinquency, shall be confidential and access shall be provided pursuant to RSA 170-G:8-a.
II. Court records of proceedings under this chapter, except for those court records under RSA 169-B:36, II, 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 officers of the institution where the minor is committed, juvenile probation and parole officers, a parent, a guardian, a custodian, the minor's attorney, the relevant county, and others entrusted with the corrective treatment of the minor. Additional access to court records may be granted by court order or upon the written consent of the minor. Once a delinquent reaches 21 years of age, all court records and individual institutional records, including police records, shall be closed and placed in an inactive file.
III. Notwithstanding paragraphs I and II:
(a) Police officers and prosecutors involved in the investigation and prosecution of criminal acts shall be authorized to access police records concerning juvenile delinquency, including the files of persons who at the time of the inquiry are over the age of 18, and to utilize for the purposes of investigation and prosecution of criminal cases police investigative files on acts of juvenile delinquency, including information from police reports, exemplars, and forensic investigations.
(b) Prosecutors involved in the prosecution of criminal acts shall be authorized to access police records concerning juvenile delinquency or records of adjudications of delinquency, including the files of persons who at the time of the inquiry are over the age of 18, if the prosecutor has reason to believe that the individual may be a witness in a criminal case. The prosecutor may disclose the existence of an adjudication for juvenile delinquency only when such disclosure is constitutionally required or after the court having jurisdiction over the criminal prosecution orders its disclosure.
(c) [Repealed.]
(d) Pursuant to RSA 651-B, the department of safety shall disclose registration information to law enforcement agencies for juveniles if the court has found that the juvenile is required to register as a sexual offender or offender against children. In no event shall any juvenile required to register be listed on the list of sexual offenders and offenders against children made available to the public pursuant to RSA 651-B:7.
Source.
1979, 361:2. 1987, 402:14. 1993, 266:1; 355:2. 1995, 308:109, 110. 1999, 219:2. 2000, 294:10. 2001, 286:21, I. 2006, 327:25, eff. Jan. 1, 2007. 2014, 215:13, eff. July 1, 2015.