reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-H - Parole of Delinquents › Section 170-H:7 - Juvenile Parole Records.

170-H:7 Juvenile Parole Records. –
The board shall have access to all juvenile records of the department. Notwithstanding any provision of law to the contrary, the board shall have access to all records in the possession of the department of health and human services concerning juveniles committed to the custody of the department of health and human services pursuant to RSA 169-B:19, I(j). The board shall review the records of the department for each offender in its custody at least once every 36 months.
Source.
1983, 416:27. 1995, 181:22. 1999, 219:7. 2001, 286:19, eff. Sept. 14, 2001.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-H - Parole of Delinquents › Section 170-H:8 - Return to Detention Facility.

170-H:8 Return to Detention Facility. –
When the commissioner determines that circumstances exist which justify returning a paroled delinquent to a secure facility, the commissioner may, subject to the conditions established by the board under RSA 170-H:4, III(e), return a paroled delinquent to such a facility. In all such cases, the commissioner shall notify the board of his action within 72 hours.
Source.
1983, 416:27. 1999, 219:16, eff. July 6, 1999.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-H - Parole of Delinquents › Section 170-H:9 - Report Required.

170-H:9 Report Required. –
I. The department shall report any delinquent who violates the conditions of his parole to the parole board. However, the department shall, within 30 days of official knowledge of such an occurrence, submit a report on any parolee who:
(a) Is arrested for any felony or misdemeanor offense;
(b) Is convicted of any offense;
(c) Absconds from supervision for a period of 30 days or more;
(d) Commits numerous parole violations.
II. This report shall include information on the circumstances of the alleged violation as well as a recommendation as to whether parole should be revoked.
Source.
1983, 416:27. 1995, 181:22, eff. July 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-H - Parole of Delinquents › Section 170-H:10 - Parole Revocation.

170-H:10 Parole Revocation. –
Any delinquent returned to a secure facility under the provisions of RSA 170-H:8 shall be entitled to a hearing before the board within 10 working days. The parolee shall have the right to appear and be heard at this hearing. If the board, after a hearing, finds that the parolee has violated the conditions of parole or violated the law and in its judgment should be recommitted to the custody of the commissioner, the board shall revoke his parole. An offender whose parole is revoked shall be recommitted to the custody of the commissioner.
Source.
1983, 416:27. 1985, 379:5. 1999, 219:16, eff. July 6, 1999.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-H - Parole of Delinquents › Section 170-H:10-a - Right to Counsel of Children Subject to Parole Revocation.

170-H:10-a Right to Counsel of Children Subject to Parole Revocation. –
I. Every child subject to revocation of parole has the right 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 is a witness or provided information in support of the basis for revocation in the parole revocation proceeding. Children known to the department or the board 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 their right to counsel.
II. For purposes of this section, a child shall be considered a child who is subject to a parole revocation proceeding if the child has been released pursuant to RSA 170-H:5 or RSA 621:19, I for longer than a total of 30 days during one or more periods of release and is subject to return under RSA 621:25.
Source.
2013, 249:21, eff. Sept. 22, 2013.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-H - Parole of Delinquents › Section 170-H:11 - Effect of Recommittal.

170-H:11 Effect of Recommittal. –
Any delinquent whose parole is revoked shall be returned to the custody of the commissioner. The offender may at any time prior to his or her eighteenth birthday be paroled again. If not paroled, a delinquent shall remain in custody until his or her eighteenth birthday.
Source.
1983, 416:27. 1999, 219:8, eff. July 6, 1999. 2014, 215:14, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-H - Parole of Delinquents › Section 170-H:12 - Early Discharge.

170-H:12 Early Discharge. –
A delinquent on parole may be discharged by the board whenever it finds discharge to be in the best interest of the juvenile and of the state. Every discharge shall be in writing and shall be a full release from all penalties and disabilities created by the commitment.
Source.
1983, 416:27, eff. July 1, 1983.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-H - Parole of Delinquents › Section 170-H:13 - Administrative Attachment.

170-H:13 Administrative Attachment. –
I. The juvenile parole board shall be administratively attached to the department of health and human services.
II. The juvenile parole board shall:
(a) Exercise its powers, duties, functions and responsibilities independently of the department of health and human services and without approval or control of the department, except as otherwise specifically provided by statute;
(b) Submit the budget requests required by RSA 9 through the department; and
(c) Submit reports required of it by law or by the governor through the department.
III. The department of health and human services shall:
(a) Provide budgeting, recordkeeping and related administrative and clerical assistance to the board if mutually agreed to in writing, provided that the board shall pay the department on a cost allocation basis for such services;
(b) Include the board's budget requests, as submitted and without changes, in the departmental budget.
IV. Unless otherwise provided by law, the juvenile parole board shall hire personnel in accordance with state personnel laws.
Source.
1983, 291:1, I; 416:27. 1999, 219:9-11. 2001, 286:19, eff. Sept. 14, 2001.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-A - Services for the Developmentally Disabled › Section 171-A:1 - Purpose and Policy.

171-A:1 Purpose and Policy. –
The purpose of this chapter is to enable the department of health and human services to establish, maintain, implement and coordinate a comprehensive service delivery system for developmentally disabled persons. The policy of this state is that persons with developmental disabilities and their families be provided services that emphasize community living and programs to support individuals and families, beginning with early intervention, and that such services and programs shall be based on the following:
I. Participation of people with developmental disabilities and their families in decisions concerning necessary, desirable, and appropriate services, recognizing that they are best able to determine their own needs.
II. Services that offer comprehensive, responsive, and flexible support as individual and family needs evolve over time.
III. Individual and family services based on full participation in the community, sharing ordinary places, developing meaningful relationships, and learning things that are useful, as well as enhancing the social and economic status of persons served.
IV. Services that are relevant to the individual's age, abilities, and life goals, including support for gainful employment that maximizes the individual's potential for self-sufficiency and independence.
V. Services based on individual choice, satisfaction, safety, and positive outcomes.
VI. Services provided by competent, appropriately trained and compensated staff.
Source.
1975, 242:1. 1979, 322:2, I. 1987, 206:2. 1995, 310:181. 2006, 229:1, eff. July 31, 2006.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-A - Services for the Developmentally Disabled › Section 171-A:1-a - Full Funding of Services Budget; Limits of Waiting Lists.

171-A:1-a Full Funding of Services Budget;  Limits of Waiting Lists. –
I. The department of health and human services and area agencies shall provide services to eligible persons under this chapter and persons eligible for the brain injury program under RSA 137-K in a timely manner. The department and area agencies shall provide funding for services in such a manner that:
(a) For persons in school and already eligible for services from the area agencies, funds shall be allocated to them 90 days prior to their graduating or exiting the school system or earlier so that any new or modified services needed are available and provided upon such school graduation or exit.
(b) For newly found eligible adults, the period between the time of completion of an individual service agreement pursuant to RSA 171-A:12 and the allocation by the department of the funds needed to carry out the services required by the agreement shall not exceed 90 days.
(c) For persons already receiving services who experience significant life changes, such as a significant change in their medical conditions, the period of time for initiation of new services shall not exceed 90 days from the amendment of the individual service agreement except by mutual agreement between the area agency and the person specifying a time limited extension.
(d) Notwithstanding subparagraphs I(a)-(c) of this section, for fiscal years 2008 and 2009, the timelines set forth in each such subparagraph may be exceeded, provided that best efforts shall be made to meet the timelines for children graduating or exiting school and for other individuals the department determines most in need and to minimize delays with respect to others within the limits of available funding and to provide them interim services when the timelines have been exceeded by 60 days for fiscal year 2008 and 30 days for fiscal year 2009.
II. The department of health and human services shall incorporate in its appropriation requests the cost of fully funding services to eligible persons, in accordance with the requirements of paragraph I, and as otherwise required under RSA 171-A, and the legislature shall appropriate sufficient funds to meet such costs and requirements.
Source.
1997, 151:2. 2007, 363:2, eff. July 1, 2007. 2021, 122:55, 57, eff. July 9, 2021.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-A - Services for the Developmentally Disabled › Section 171-A:1-b - Repealed by 1998, 248:2, eff. July 1, 2002.

171-A:1-b Repealed by 1998, 248:2, eff. July 1, 2002. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-A - Services for the Developmentally Disabled › Section 171-A:1-c - Repealed by 2010, 268:5, II, eff. Sept. 4, 2010.

171-A:1-c Repealed by 2010, 268:5, II, eff. Sept. 4, 2010. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-A - Services for the Developmentally Disabled › Section 171-A:1-d - Repealed by 2010, 268:5, III, eff. Sept. 4, 2010.

171-A:1-d Repealed by 2010, 268:5, III, eff. Sept. 4, 2010. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-A - Services for the Developmentally Disabled › Section 171-A:1-e - Budget Flexibility.

[RSA 171-A:1-e repealed by 2023, 199:2, effective pursuant to the terms 2023, 199:3.]
171-A:1-e Budget Flexibility. –
I. For persons with approved budgets older than 24 months who require additional funds to carry out the services required in their individual service agreement, due to additional expenditures, such as cost-of-living or other wage and compensation increases, area agencies and authorized agencies may seek additional funds from the department for such funding needs. The department shall allocate existing budget appropriations as set forth in RSA 171-A:8-b as required to meet such funding needs, provided the requested expenditures would promote efficiency, economy, and quality of care pursuant to section 1902(a)(30)(A) of the Social Security Act.
II. The department shall record and track all requests for funding under this section including, but not limited to, the amount of each request, the reason for the request, whether the request was approved and, if denied, the reason for denial. Upon approval of a funding request, area agencies and authorized agencies shall record, and provide the department with, details of the expenditure of such funds, including, but not limited to, the amount of additional funds that are paid to direct support providers, and all details of how the funding is allocated to the person's services and service providers.
Source.
2023, 199:1, eff. Aug. 4, 2023.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-A - Services for the Developmentally Disabled › Section 171-A:3 - Rulemaking.

171-A:3 Rulemaking. –
The commissioner of the department of health and human services shall adopt rules pursuant to RSA 541-A to implement this chapter.
Source.
1975, 242:1. 1981, 492:21. 1995, 310:172, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-A - Services for the Developmentally Disabled › Section 171-A:4 - State Service Delivery System.

171-A:4 State Service Delivery System. –
The department shall maintain a state service delivery system for the care, habilitation, rehabilitation, treatment and training of developmentally disabled persons. Such service delivery system shall be under the supervision of the commissioner.
Source.
1975, 242:1. 1979, 322:2, I. 1987, 206:2. 1988, 107:5. 1995, 310:172, 175. 2001, 101:3, eff. Aug. 20, 2001.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-A - Services for the Developmentally Disabled › Section 171-A:5 - Voluntary Entry Into Service Delivery System.

171-A:5 Voluntary Entry Into Service Delivery System. –
I. Applications for service shall be made by the developmentally disabled person seeking such service, and all placements shall be voluntary. If the client is under the age of 18, the application for service may be initiated by a parent or legal guardian. If the client is over the age of 18 and has been found to be incapacitated by the probate court, the application for service may be initiated by the court-appointed guardian.
II. Notwithstanding paragraph I, a person may be involuntarily admitted to the service delivery system pursuant to RSA 171-B.
Source.
1975, 242:1. 1979, 322:2, I, II. 1987, 206:2. 1994, 408:4. 1995, 310:175. 2001, 101:4, eff. Aug. 20, 2001.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-A - Services for the Developmentally Disabled › Section 171-A:6 - Entry Into the Service Delivery System.

171-A:6 Entry Into the Service Delivery System. –
I. A person seeking service shall make application in accordance with rules adopted by the commissioner to the area agency in his or her appropriate geographic region as designated by rule pursuant to RSA 171-A:2, I-b.
II. A comprehensive screening evaluation, coordinated by the staff of the area agency, shall determine the scope of the person's disability and the locus and nature of services to be provided and shall include an assistive technology evaluation both as part of the person's initial evaluation and at least on an annual basis thereafter when the person is screened for an assistive technology evaluation. The commissioner shall adopt rules pursuant to RSA 541-A relative to the evaluation. The initial evaluation shall include, but not be limited to, a physical examination and individual intellectual assessment and functional behavior scales and shall take into account the provisions of and services established under RSA 186-A.
III. A recommendation for services by the area agency shall utilize the criterion of the least restrictive environment for the client and shall be made to the service which best meets the needs of the client. Preliminary evaluations shall be completed and preliminary recommendations for services made within 21 days after application for service.
IV. In an emergency situation and in the discretion of the commissioner, temporary service arrangements may be made prior to the completion of the screening evaluation.
V. The commissioner shall adopt rules pursuant to RSA 541-A establishing hearing procedures to determine the appropriateness of a service recommendation which is challenged by the client, his or her attorney or family.
Source.
1975, 242:1. 1979, 322:2, II. 1981, 492:22, 23. 1995, 310:172. 2001, 101:5. 2007, 363:6, eff. July 1, 2007.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-A - Services for the Developmentally Disabled › Section 171-A:7 - Withdrawal From Service Delivery System.

171-A:7 Withdrawal From Service Delivery System. –
Except for a person admitted involuntarily pursuant to RSA 171-B, a client at any time may seek a change in services or withdraw entirely from the service delivery system. A parent or legal guardian may seek a change of services for or withdraw entirely a minor or ward in his or her custody at any time, unless such minor has reached the age of majority. The administrator shall notify the area agency of any such withdrawal and may, if appropriate, indicate in the client's record that such withdrawal was against professional advice.
Source.
1975, 242:1. 1979, 322:2, II. 1994, 408:5. 2001, 101:6, eff. Aug. 20, 2001.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-A - Services for the Developmentally Disabled › Section 171-A:8 - Termination of Service.

171-A:8 Termination of Service. –
I. The administrator may terminate service to a client at any time that such termination is deemed in the best interest of the client or when the client can function independently without such service or when the client has received optimal benefit from such service.
II. In every instance of termination, the administrator shall refer the client to the area agency which, in turn, shall recommend an appropriate service, or be responsible for contacting the client at regular intervals after termination for as long as deemed necessary.
III. Prior to any termination of service, the administrator shall give 30 days' notice to the client, if over 18 years of age, or to the parent or guardian, if the client is a minor or has been found to be legally incapacitated. Consent of the parent or guardian is required prior to termination if the client is a minor or has been declared legally incapacitated. Service may be terminated sooner than 30 days with the consent of the client, his or her parent or guardian.
IV. The client or, where appropriate, his parent or legal guardian, may seek review of the decision to terminate from the commissioner. The decision of the commissioner shall be final.
V. Notwithstanding this section, the administrator shall not terminate service to a person involuntarily admitted pursuant to RSA 171-B without prior approval of the commissioner, except:
(a) Upon transfer of the person to another receiving facility or to the secure psychiatric unit; or
(b) Upon expiration of the order of commitment.
Source.
1975, 242:1. 1979, 322:6. 1994, 408:6. 1995, 310:172. 2001, 101:7, eff. Aug. 20, 2001.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-A - Services for the Developmentally Disabled › Section 171-A:8-a - Transfer of Involuntary Admittees; Rules.

171-A:8-a Transfer of Involuntary Admittees;  Rules. –
I. A receiving facility to which a person is ordered for involuntary admission or to which such person has been transferred may transfer the person to another receiving facility if the receiving facility to which the person is to be transferred can better provide the degree of security or treatment required by the person. All transfers shall require the approval of the chief administrator of the state developmental services system. The commissioner shall adopt rules pursuant to RSA 541-A, relative to transfer criteria and procedures for the challenge of transfer decisions by the persons so transferred.
II. Transfers to the secure psychiatric unit of involuntary admittees may be made pursuant to RSA 171-B:15.
Source.
1994, 408:7. 1995, 310:129, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-A - Services for the Developmentally Disabled › Section 171-A:8-b - Establishing Certain Dedicated Funds and Transfers of Certain Appropriations.

171-A:8-b Establishing Certain Dedicated Funds and Transfers of Certain Appropriations. –
I. There is hereby established the developmental services fund. The fund, from appropriations provided in accounting unit 05-95-93-930010-7100, shall be used to carry out the provisions of this chapter. The fund shall be nonlapsing and shall be continually appropriated to the commissioner for the purposes of this chapter.
II. There is hereby established the acquired brain disorder services fund. The fund, from appropriations provided in accounting unit 05-95-93-930010-7016, shall be used to carry out the provisions of this chapter. The fund shall be nonlapsing and shall be continually appropriated to the commissioner for the purposes of this chapter.
III. There is hereby established the in-home support waiver fund. The fund, from appropriations provided in accounting unit 05-95-93-930010-7110, shall be used to carry out the provisions of this chapter. The fund shall be nonlapsing and shall be continually appropriated to the commissioner for the purposes of this chapter.
IV. The funds in paragraphs I through III shall only be transferred between these funds and/or accounting units for those particular services for the purposes of this chapter.
Source.
2019, 346:70, eff. July 1, 2019.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-A - Services for the Developmentally Disabled › Section 171-A:9 - Residential Services.

171-A:9 Residential Services. –
I. The commissioner shall adopt rules pursuant to RSA 541-A relative to clients in residential services, including but not limited to such matters as restraint and seclusion.
II. Restraint or seclusion may be used only in cases of emergency such as the occurrence or serious threat of extreme violence, personal injury or attempted suicide.
Source.
1975, 242:1. 1981, 492:24. 1995, 310:172. 2001, 101:8, eff. Aug. 20, 2001.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-A - Services for the Developmentally Disabled › Section 171-A:10 - Residential Services; Legal Counsel and Guardianship.

171-A:10 Residential Services;  Legal Counsel and Guardianship. –
I. [Repealed.]
II. Whenever a client over the age of 18 years is considered incapable of managing his or her own affairs and is at risk of substantial harm to person or estate as a result, and the person does not have a legal guardian, the administrator shall take such steps as are appropriate to safeguard the person as may be consistent with RSA 464-A and 547-B, including the nomination of a guardian when no less restrictive alternative is available.
III. [Repealed.]
Source.
1975, 242:1. 1977, 587:1. 1979, 322:2, II, 20. 1983, 409:4. 1988, 107:5. 1995, 310:27. 2001, 101:9, 10, 18, III, eff. Aug. 20, 2001.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-A - Services for the Developmentally Disabled › Section 171-A:11 - Periodic Review.

171-A:11 Periodic Review. –
I. The needs and services of every client in the service delivery system shall be subject to a periodic review under the supervision of the administrator, which shall include but not be limited to:
(a) A thorough clinical examination including an annual health assessment;
(b) An assessment of the client's capacity to make informed decisions; and
(c) Consideration of less restrictive alternatives for service, particularly for those clients in residential services.
II. Such periodic review shall take place at least once during the first 6 months of service and annually thereafter. The administrator shall give written notice to the client and his or her nearest relative or legal guardian at least 10 days prior to a periodic review. The results of each periodic review shall become part of the client's clinical record, and recommendations resulting from such review shall be shared with the client, and, where appropriate, with his or her guardian, parent or nearest relative.
III. Following any review or at any other time, the administrator may recommend termination of service or may refer the client to a more appropriate service pursuant to RSA 171-A:8.
IV. The commissioner shall adopt rules pursuant to RSA 541-A relative to the conduct of the review and the personnel who shall carry out the review.
Source.
1975, 242:1. 1981, 492:25. 1995, 310:172. 2001, 101:11, eff. Aug. 20, 2001.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-A - Services for the Developmentally Disabled › Section 171-A:12 - Individual Service Agreement.

171-A:12 Individual Service Agreement. –
I. There shall be an individual service agreement for every client in the service delivery system who receives services. A service coordinator chosen by the client shall develop a preliminary written individual service agreement based upon a comprehensive screening evaluation established under RSA 171-A:6 for such client within 14 days after the initial service planning meeting. The individual service agreement shall be continually reviewed by the area agency and shall be modified if necessary. The commissioner shall adopt rules pursuant to RSA 541-A relative to the development of such individual service agreements.
II. Each individual service agreement shall include but not be limited to:
(a) A statement of the nature of the specific strengths, interests, capacities, disabilities, and specific needs of the client;
(b) A description of intermediate and long-range habilitation and treatment goals chosen by the individual and his or her guardian with a projected timetable for their attainment;
(c) A statement of specific services to be provided and the amount, frequency, and duration of each service;
(d) Specification of the providers to furnish each service identified in the agreement; and
(e) Criteria for transfer to less restrictive settings for habilitation, including criteria for termination of service and a projected date for termination of service from the service.
Source.
1975, 242:1. 1981, 492:26. 1995, 310:172. 2001, 101:12, eff. Aug. 20, 2001. 2019, 287:6, eff. July 1, 2019.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-A - Services for the Developmentally Disabled › Section 171-A:13 - Service Guarantees.

171-A:13 Service Guarantees. –
Every developmentally disabled client has a right to adequate and humane habilitation and treatment including such psychological, medical, vocational, social, educational or rehabilitative services as his condition requires to bring about an improvement in condition within the limits of modern knowledge.
Source.
1975, 242:1. 1979, 322:2, I. 1987, 206:2, eff. July 1, 1987.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-A - Services for the Developmentally Disabled › Section 171-A:14 - Rights of Developmentally Disabled Persons.

171-A:14 Rights of Developmentally Disabled Persons. –
I. No person shall be deemed incompetent to manage his or her affairs, to contract, to hold professional, occupational or vehicle operator's licenses, to vote, to marry or to make a will solely by reason of his or her developmental disability or of his or her participation in the service delivery system, nor shall department rules restrict such rights. The client's right to individual dignity shall be respected at all times and upon all occasions.
II. A client in a residential service shall be provided with stationery and postage in reasonable amounts and shall have free and unrestricted mailing privileges.
III. A client shall have the right to be visited at all reasonable times unless the administrator determines that such a visit would adversely affect the client. Any denial of visiting rights and the reasons for such denial shall be entered in the client's record and may be subject to the review of the human rights committee established under RSA 171-A:17.
IV. A client in a residential service shall have the right to wear his or her own clothes, to keep and use his or her own personal possessions including toilet articles, to keep and be allowed to spend his or her own money, to have access to individual storage space for private use, to have reasonable access to telephones to make and receive confidential calls and any other rights specified by rules of the department; provided, however, that any of these rights may be denied for good cause by the administrator or designee. Any denial of these rights and the reasons for such denial shall be entered in the client's record and may be subject to the review of the human rights committee established under RSA 171-A:17.
V. The commissioner may adopt rules pursuant to RSA 541-A relative to the protection of the rights, dignity, autonomy and integrity of clients, including specific procedures to protect the rights established in this chapter.
Source.
1975, 242:1. 1979, 322:2, I. 1981, 492:27. 1987, 206:2. 1995, 310:172, 175. 2001, 101:13, eff. Aug. 20, 2001.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-A - Services for the Developmentally Disabled › Section 171-A:15 - Rights of Clients to be Provided.

171-A:15 Rights of Clients to be Provided. –
Written materials describing the rights of clients as set forth in this chapter and in the rules of the department shall be provided to each client and his or her guardian, if any. Such materials shall be presented in clearly understandable language and form.
Source.
1975, 242:1. 1995, 310:175. 2001, 101:14, eff. Aug. 20, 2001.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-A - Services for the Developmentally Disabled › Section 171-A:16 - Repealed by 2001, 101:18, IV, eff. Aug. 20, 2001.

171-A:16 Repealed by 2001, 101:18, IV, eff. Aug. 20, 2001. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-A - Services for the Developmentally Disabled › Section 171-A:17 - Human Rights Committee.

171-A:17 Human Rights Committee. –
I. The commissioner shall establish, in each area agency, a human rights committee of 5 or more persons. The majority of the members of each human rights committee shall be persons who represent the interests of developmentally disabled clients and who are not employees of the department.
II. The duties of the human rights committee shall include, but not be limited to, the following for each program or service with which the committee is concerned:
(a) Evaluating the treatment and habilitation provided;
(b) Regularly monitoring the implementation of individual service agreements;
(c) Monitoring the use of restrictive or intrusive interventions designed to address challenging behavior;
(d) Fostering the capacity of individuals served by the area agency to exercise more choice and control in their lives; and
(e) Promoting advocacy programs on behalf of the clients.
Source.
1975, 242:1. 1979, 322:8. 1981, 492:28. 1987, 206:2. 1995, 310:172. 2001, 101:15, eff. Aug. 20, 2001.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-A - Services for the Developmentally Disabled › Section 171-A:18-a - Family-Centered Early Supports and Services Program.

171-A:18-a Family-Centered Early Supports and Services Program. –
The department shall administer a family-centered early supports and services (FCESS) program designed for children birth up to age 3 who have a diagnosed, established condition that has a high probability of resulting in delay, are experiencing developmental delays, or are at risk for substantial developmental delays if supports and services are not provided. All children under the age of 3 who are born substance-exposed shall be considered at risk for substantial developmental delays and shall be referred to FCESS. In this section, a "substance-exposed newborn" means a newborn who was exposed to alcohol, or other drugs in utero, which may have adverse effects, whether or not this exposure is detected at birth through a drug screen or withdrawal symptoms. The department shall adopt rules under RSA 541-A relative to the FCESS program, including application procedures, program administration, and eligibility criteria consistent with this section.
Source.
2020, 26:43, eff. Sept. 18, 2020.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-A - Services for the Developmentally Disabled › Section 171-A:19 - Client and Legal Services Section.

171-A:19 Client and Legal Services Section. –
A client and legal services section shall be established in the department. Its functions and responsibilities shall include but not be limited to:
I. Assisting the commissioner in responding to inquiries and complaints by or on behalf of mentally ill or developmentally disabled persons.
II. Assisting the commissioner in securing needed services and information for mentally ill persons, developmentally disabled persons, or their respective families.
III. Assisting the commissioner in assuring that the human rights of mentally ill persons and of developmentally disabled clients in the service delivery system are protected.
Source.
1979, 322:7. 1987, 206:2. 1995, 310:172, 181. 2001, 101:17, eff. Aug. 20, 2001.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-A - Services for the Developmentally Disabled › Section 171-A:19-b - Rulemaking.

171-A:19-b Rulemaking. –
The commissioner may adopt rules, pursuant to RSA 541-A, relative to the operation of the committee for the protection of human subjects, established in RSA 171-A:19-a, the procedures, conditions, and criteria for the conduct and approval of research, and fees charged by the committee.
Source.
2005, 183:1. 2007, 263:95, eff. July 1, 2007.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-A - Services for the Developmentally Disabled › Section 171-A:20 - Receiving Facility; Rules.

171-A:20 Receiving Facility;  Rules. –
The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the criteria and procedures for designation of receiving facilities which receive persons for involuntary admissions under RSA 171-B. A receiving facility may be designated by the commissioner for one or more purposes, including, but not limited to:
I. Receiving persons for involuntary admission directly pursuant to a court order; and
II. Receiving involuntarily admitted persons by transfer with the approval of the commissioner or designee.
Source.
1994, 408:8. 1995, 310:172, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-A - Services for the Developmentally Disabled › Section 171-A:21 - Discharge by Administrator.

171-A:21 Discharge by Administrator. –
I. When any person has been involuntarily admitted to a receiving facility pursuant to RSA 171-B or conditionally discharged pursuant to paragraph II of this section, the administrator of the receiving facility most recently providing services to the person may grant an absolute discharge to the person with the consent of the chief administrator of the state developmental services system or designee who has reviewed the person's situation, provided that the chief administrator or designee determines that an absolute discharge shall not create a potentially serious likelihood of danger to others or a potentially serious likelihood of substantial damage to real property. The administrator shall, in writing, immediately notify the court entering the original order of commitment and the attorney general that the person has been given an absolute discharge from the receiving facility. Upon receipt of the notice, the court shall make the notice part of the person's file and shall enter the discharge and date of discharge upon the docket.
II. The administrator of the facility may, with prior approval of the chief administrator of the state developmental services system or designee, grant a person, whose condition is not considered appropriate for absolute discharge, a conditional discharge.
Source.
1994, 408:8. 1995, 310:131, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-A - Services for the Developmentally Disabled › Section 171-A:22 - Conditions of Conditional Discharge.

171-A:22 Conditions of Conditional Discharge. –
I. The administrator of a receiving facility may, with prior approval of the chief administrator of the state developmental services system or designee, grant a conditional discharge to any person who consents, by an informed decision, to participate in continuing services from an area agency, who agrees to be subject to any rules adopted by the chief administrator relative to conditional discharge, and who agrees to comply with the conditions of the discharge. The administrator of the facility or designee shall prepare, deliver a copy of, and read and explain to the person being conditionally discharged a written statement in clear and understandable language of the conditions of conditional discharge and a warning that violation of those conditions may result in revocation of the conditional discharge pursuant to RSA 171-A:23.
II. A conditional discharge shall not exceed the period of time remaining on the order of involuntary admission and shall become absolute at the end of its term, unless extended by the court.
Source.
1994, 408:8. 1995, 310:132, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-A - Services for the Developmentally Disabled › Section 171-A:24 - Review by Chief Administrator; Appeal; Rules.

171-A:24 Review by Chief Administrator;  Appeal;  Rules. –
A person whose conditional discharge is revoked pursuant to RSA 171-A:23 may appeal the decision to the chief administrator of the state developmental services system. The person shall be entitled to a hearing on the appeal, before the chief administrator of the state developmental services system or designee, within 5 days, excluding weekends and holidays, of the receipt of request for the hearing in accordance with rules adopted by the chief administrator pursuant to RSA 541-A. Such rules shall include provision for legal counsel and for waiver of the hearing.
Source.
1994, 408:8. 1995, 310:133, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-A - Services for the Developmentally Disabled › Section 171-A:25 - Action for Discharge.

171-A:25 Action for Discharge. –
Any person subject to an order for involuntary admission pursuant to RSA 171-B:12 may file in probate court a petition setting forth such person's name, the underlying circumstances and date of the prior order of the court ordering such person's involuntary admission, a request for discharge from involuntary admission, and the reasons for such request. The petition shall be accompanied by the certificate of a physician, psychiatrist, or psychologist with experience and training in developmental and intellectual disabilities stating that the person is no longer in need of involuntary admission and setting forth the facts upon which such opinion is based. Upon receipt of the petition and the certificate, the court shall conduct a hearing pursuant to RSA 171-B.
Source.
1994, 408:8. 2008, 52:16, eff. July 11, 2008.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-A - Services for the Developmentally Disabled › Section 171-A:26 - Habeas Corpus.

171-A:26 Habeas Corpus. –
RSA 171-A:25 shall not be construed to deprive any person of the benefits of the writ of habeas corpus. If the court issuing the writ of habeas corpus grants relief, the court shall enter an order discharging the person and shall transmit a certified copy of it to the probate court entering the original order of involuntary admission. Upon receipt of the certified copy, the probate court shall enter an order finding that such person has been discharged by order of the court.
Source.
1994, 408:8, eff. Jan. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-A - Services for the Developmentally Disabled › Section 171-A:27 - Custody and Transportation.

171-A:27 Custody and Transportation. –
I. Any law enforcement officer shall take custody of persons who are subject to proceedings for involuntary admission under the following circumstances:
(a) Upon issuance by an administrator or designee of a complaint for delivery for review pursuant to RSA 171-A:23, II;
(b) Upon a determination to revoke a conditional discharge temporarily pursuant to RSA 171-A:23, III; or
(c) As necessary to ensure the presence of the person at hearings or examinations conducted under RSA 171-A or 171-B, to effect a transfer between receiving facilities, or to carry out any other lawful order of a court.
II. A law enforcement officer shall also transport any person taken into custody to the appropriate receiving facility, court, place of examination, or other location.
Source.
1994, 408:8, eff. Jan. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-A - Services for the Developmentally Disabled › Section 171-A:28 - Duty to Transport.

171-A:28 Duty to Transport. –
Upon request, the office of the sheriff of the county in which any person is located who is to be taken into custody in accordance with RSA 171-A:27 shall take such person into custody and transport that person to the appropriate destination.
Source.
1994, 408:8, eff. Jan. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-A - Services for the Developmentally Disabled › Section 171-A:29 - Rights Guaranteed.

171-A:29 Rights Guaranteed. –
All rights guaranteed by RSA 171-A to persons with developmental disabilities shall be retained by persons involuntarily admitted under RSA 171-B except where safety or security mandates restriction of such rights. Any restriction of rights under this section may be appealed to the commissioner pursuant to rules adopted by the commissioner under RSA 171-A:3.
Source.
1994, 408:8. 1995, 310:172, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-A - Services for the Developmentally Disabled › Section 171-A:30 - Autism Registry.

171-A:30 Autism Registry. –
I. There shall be established a state registry in the department which shall include a record of all reported cases of autism spectrum disorder (ASD) that occur in New Hampshire and other information relevant and appropriate to conduct thorough and complete epidemiologic surveys of ASD, to enable analysis of this problem, and to facilitate planning for services to children with ASD and their families. The department may enter into an agreement with an appropriate entity for the management of the registry; provided, that any records and data submitted to the department pursuant to this subdivision shall be the property of the department.
II. Physicians, psychologists, and any other licensed or certified health care provider who is qualified by training to make the diagnosis and who then makes the diagnosis that a child is affected with ASD shall report all new cases of this diagnosis to the department in a form and manner prescribed by the commissioner. The report shall be in writing and shall include the name and address of the person submitting the report and the child's date of birth, gender, and zip code at birth residence, and the specific diagnosis of the child diagnosed as having ASD. The department shall assign a unique identification code to identify the child diagnosed as having ASD. The code shall not include the name or address of the child.
III. All information required to be reported under this subdivision shall be confidential. A physician, psychologist, or health care provider providing information to the department in accordance with this section shall not be deemed to be, or held liable for, divulging confidential information.
IV. Nothing in this section shall be construed to compel a child who has been reported as affected with ASD to submit to medical or health examination or supervision by the department.
Source.
2006, 106:2, eff. Aug. 7, 2006.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-A - Services for the Developmentally Disabled › Section 171-A:31 - Rulemaking.

171-A:31 Rulemaking. –
The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:
I. Procedures for reporting cases of ASD under RSA 171-A:30.
II. Content of all forms required under this subdivision.
III. Confidentiality of records and information reported pursuant to this subdivision.
Source.
2006, 106:2, eff. Aug. 7, 2006.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-B - Involuntary Admission for Persons Found Not Competent to Stand Trial › Section 171-B:1 - Jurisdiction.

171-B:1 Jurisdiction. –
For proceedings under this chapter, jurisdiction is vested in the probate court in the county where the person sought to be admitted resides or is detained. For a person who is subject to an order for involuntary admission under this chapter, jurisdiction for a hearing held pursuant to this chapter is vested in the probate court for the county wherein the person is receiving services or where the receiving facility that has custody of the person is located, unless the court making the initial involuntary admission order has specifically retained jurisdiction over such person.
Source.
1994, 408:9. 2009, 133:2, eff. June 29, 2009.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-B - Involuntary Admission for Persons Found Not Competent to Stand Trial › Section 171-B:2 - Involuntary Admission Standard.

171-B:2 Involuntary Admission Standard. –
The standard to be used by a court, physician, psychologist or psychiatrist in determining whether a person should be admitted on an involuntary basis shall be whether:
I. The person has been charged with a felony involving serious bodily injury or the use of a deadly weapon, or with aggravated felonious sexual assault (other than pursuant to RSA 632-A:2, I(h)) or felonious sexual assault, or with arson pursuant to RSA 634:1, II or III;
II. A district court, superior court, or grand jury has found that probable cause exists that the person committed a felony as set forth in paragraph I;
III. The person is determined to be not competent to stand trial;
IV. The person has an intellectual disability, as defined in the most current edition of the Diagnostic Manual-Intellectual Disability developed by the National Association for the Dually Diagnosed in association with the American Psychiatric Association; and
V. The person has a condition or behavior as a result of which the person poses a potentially serious likelihood of danger to others or a potentially serious threat of engaging in acts which would constitute arson as evidenced by a specific act or actions which may include such act or actions giving rise to the felony charge according to RSA 171-B:2, I.
Source.
1994, 408:9. 2001, 243:4. 2008, 52:17, eff. July 11, 2008.