reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:19-c - Court Order for Services, Placements, and Programs Required for Minors From Certain Providers Qualified for Third-Party Payment.

169-C: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, 286:11, eff. June 10, 1996.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:19-d - Visitation With Siblings.

169-C:19-d Visitation With Siblings. –
The court shall, whenever reasonable and practical, and based on a determination of the best interests of the child, ensure that children who have an existing relationship with a sibling and who are separated from their siblings as a result of a court decree, court order, consent order, or court-recommended placement, including but not limited to, placement in foster homes, or in the homes of parents or extended family members, have access to and visitation rights with such siblings throughout the duration of such placement, and subsequent to such placement if the children or their siblings are separated by long-term or short-term foster care placement.
Source.
1998, 203:2, eff. June 18, 1998.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:19-e - Custody Hearing for Parent Not Charged With Abuse or Neglect.

169-C:19-e Custody Hearing for Parent Not Charged With Abuse or Neglect. –
I. A parent who has not been charged with abuse or neglect shall be afforded, upon request, a full hearing in the district or family court regarding his or her ability to obtain custody. At the hearing, the parent shall be provided the opportunity to present evidence pertaining to his or her ability to provide care for the child and shall be awarded custody unless the state demonstrates, by a preponderance of the evidence, that he or she has abused or neglected the child or is otherwise unfit to perform his or her parental duties. The court shall make written findings of fact supporting its decision.
II. The department shall notify a parent who has not been charged with abuse or neglect of his or her right to request a hearing under this section at the earliest available opportunity.
Source.
2001, 229:1. 2007, 173:1, eff. Jan. 1, 2008.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:19-f - Placement in a Qualified Residential Treatment Program.

169-C:19-f 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, 122:70, eff. July 9, 2021.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:20-a - Notice to School District of Out-of-Home Placement; Development of Transition Plan.

169-C:20-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.
2016, 65:1, eff. July 4, 2016. 2018, 51:1, eff. July 14, 2018.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:21 - Final Order.

169-C:21 Final Order. –
I. If facts sufficient to sustain the petition are established under RSA 169-C:18, the court shall enter a final order in writing finding that the child has been abused or neglected.
II. The order of the court shall include conditions the parents shall meet before the child is returned home. The order shall also include a specific plan which shall include, but not be limited to, the services the child placing agency will provide to the child and family. Prior to the issuance of a final order, the child placing agency shall submit its recommendation for the plan, which the court may use in whole or in part.
Source.
1979, 361:2, eff. Aug. 22, 1979.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:21-a - Violation of Protective Order; Penalty.

169-C:21-a Violation of Protective Order;  Penalty. –
I. (a) When a person subject to a protective order under RSA 169-C:16, I(d)(1) or RSA 169-C:19, II(a)(1) violates either a temporary or permanent protective order issued or enforced under this chapter, peace officers shall arrest the defendant and ensure that the defendant is detained until arraignment. Such arrests may be made within 6 hours without a warrant upon probable cause, whether or not the violation is committed in the presence of a peace officer.
(b) Subsequent to an arrest, the peace officer shall seize any firearms and ammunition in the control, ownership, or possession of the defendant and any deadly weapons which may have been used, or were threatened to be used, during the violation of the protective order. The law enforcement agency shall maintain possession of the firearms, ammunition, or deadly weapons until the court issues an order directing that the firearms, ammunition, or deadly weapons be relinquished and specifying the person to whom the firearms and ammunition or deadly weapons will be relinquished.
II. The prosecution and sentencing for criminal contempt for a violation of a protective order shall not preclude the prosecution of or sentencing for other criminal charges underlying the contempt.
III. A person shall be guilty of a class A misdemeanor if such person knowingly violates a protective order issued under this chapter. Charges made under this chapter shall not be reduced to a lesser charge, as permitted in other instances under RSA 625:9.
IV. Any person convicted under paragraph III, or who has been convicted in another jurisdiction of violating a protective order enforceable under the laws of this state, who, within 6 years of such conviction or the completion of the sentence imposed for such conviction, whichever is later, subsequently commits and is convicted of one or more offenses under this chapter may be charged with an enhanced penalty for each subsequent offense as follows:
(a) There shall be no enhanced charge under this section if the subsequent offense is a class A felony or an unclassified felony;
(b) If the subsequent offense would otherwise constitute a class B felony, it may be charged as a class A felony;
(c) If the subsequent offense would otherwise constitute a class A misdemeanor, it may be charged as a class B felony;
(d) If the subsequent offense would otherwise constitute a class B misdemeanor, it may be charged as a class A misdemeanor;
(e) If the subsequent offense would otherwise constitute a violation, it may be charged as a class B misdemeanor.
Source.
2000, 189:1, eff. Jan. 1, 2001.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:22 - Modification of Dispositional Orders.

169-C:22 Modification of Dispositional Orders. –
Upon the motion of a child, parent, custodian, guardian or of the child placing agency alleging a change of circumstances requiring a different disposition the court shall conduct a hearing and pursuant to RSA 169-C:19 may modify a dispositional order; provided that the court may dismiss the motion if the allegations are not substantiated in the hearing.
Source.
1979, 361:2, eff. Aug. 22, 1979.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:23 - Standard for Return of Child in Placement.

169-C:23 Standard for Return of Child in Placement. –
In the absence of a guardianship of the person of the minor, governed by the terms of RSA 463, before a child in out-of-home placement is returned to the custody of his or her parents, the parent or parents shall demonstrate to the court that:
I. They are in compliance with the outstanding dispositional court order;
II. The child will not be endangered in the manner adjudicated on the initial petition, if returned home;
III. Return of custody is in the best interests of the child. Upon showing the ability to provide proper parental care, it shall be presumed that a return of custody is in the child's best interests.
Source.
1979, 361:2. 1999, 149:1, eff. Jan. 1, 2000.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:24 - Periodic Review Hearings.

169-C:24 Periodic Review Hearings. –
I. The court shall conduct an initial review hearing within 3 months of the dispositional hearing to review the status of all dispositional orders issued under this chapter. The court may conduct additional review hearings upon its own motion or upon the request of any party at any time.
II. At a review hearing the court shall determine whether the department has made reasonable efforts to finalize the permanency plan that is in effect. Where reunification is the permanency plan that is in effect, the court shall consider whether services to the family have been accessible, available, and appropriate.
Source.
1979, 361:2. 2007, 236:15, eff. Jan. 1, 2008.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:24-c - Post-Permanency Hearings.

169-C:24-c Post-Permanency Hearings. –
I. For a child who is in an out-of-home placement following the 12-month permanency hearing, the court shall hold a post-permanency hearing within 12 months of the permanency hearing and every 12 months thereafter as long as the child remains in an out-of-home placement. The court may conduct periodic post-permanency hearings upon its motion or upon the request of any party at any time.
II. At a post-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 the services to the family have been accessible, available, and appropriate.
III. At a post-permanency hearing, the court may, upon agreement of the parties, modify the permanency plan. In such cases a permanency hearing is not required.
Source.
2007, 236:16, eff. Jan. 1, 2008. 2021, 219:5, eff. Jan. 1, 2022.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:25 - Confidentiality.

169-C:25 Confidentiality. –
I. (a) The court records of proceedings under this chapter shall be kept in books and files separate from all other court records. Such records shall be withheld from public inspection but shall be open to inspection by the parties, child, parent, grandparent pursuant to subparagraph (b), guardian, custodian, attorney, or other authorized representative of the child.
(b) A grandparent seeking access to court records under subparagraph (a) shall file a request for access with the court clerk supported by an affidavit signed by the grandparent stating the reasons for requesting access and shall give notice of such request to all parties to the case and the minor's parents. Any party to the case or parent may object to the grandparent's request within 10 days of the filing of the request. If no objection is made, and for good cause shown, the grandparent's request may be granted by the court. If an objection is made, access may be granted only by court order.
II. It shall be unlawful for any person present during a child abuse or neglect hearing to disclose any information concerning the hearing that may identify a child or parent who is involved in the hearing without the prior permission of the court. Any person who knowingly violates this provision shall be guilty of a violation.
III. All case records, as defined in RSA 170-G:8-a, relative to abuse and neglect, shall be confidential, and access shall be provided pursuant to RSA 170-G:8-a.
Source.
1979, 361:2. 1983, 331:3. 1990, 19:2. 1993, 266:3; 355:4. 2002, 243:1. 2008, 258:1, eff. Jan. 1, 2009. 2022, 272:68, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:26 - Continuances.

169-C:26 Continuances. –
Except as otherwise provided, continuances in proceedings under this chapter may be granted by the court only for good cause shown. Whenever the court grants a continuance under this section, the court shall make written findings as to the circumstances that warranted the continuance.
Source.
1979, 361:2. 2007, 236:17, eff. Jan. 1, 2008.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:27 - Liability for Expenses.

169-C:27 Liability for Expenses. –
I. (a) Whenever an order creating liability for expenses is issued by the court under this chapter, any expenses incurred for services, placements, and programs the providers of which are certified pursuant to RSA 170-G:4, XVIII, shall be payable by the department of health and human services.
(b) Subparagraph (a) shall not apply to:
(1) Expenses incurred for special education and related services;
(2) Expenses incurred for evaluation, care, and treatment of a child receiving inpatient psychiatric treatment within the state mental health system; or
(3) Expenses incurred for the cost of accompanied transportation.
(c) Liability for placement expenses for any court ordered placement of any minor mother under this chapter shall include liability for placement expenses for the child or children of such minor mother if the minor mother and child or children are placed at the same facility.
II. Voluntary services provided to a child, family, or household in a case that was unfounded but with reasonable concern, as defined in RSA 169-C:3, XXIX, shall be the responsibility of the department. Payment for such services shall be made from available TANF reserve funds or other funds appropriated for such purpose.
III. Notwithstanding any provision of law to the contrary, the department shall not be responsible for the payment of the cost of assigned counsel for any party under this chapter.
IV. The office of reimbursements acting on behalf of the department of health and human services is authorized to compromise or reduce any expense to be charged to the state under this section.
Source.
1979, 361:2; 434:81. 1981, 555:2. 1982, 25:3. 1983, 458:5. 1985, 96:6; 380:38. 1987, 402:31, 32. 1988, 107:5; 153:2, 5. 1989, 75:2; 229:2; 286:2. 1990, 3:48; 203:2. 1991, 265:3. 1993, 266:4. 1994, 212:2. 1995, 220:3; 308:72, 73; 310:171, 175, 181, 182. 1996, 286:14, 17. 1997, 305:2. 2007, 263:21. 2008, 274:33. 2009, 144:34, 37. 2011, 224:45, 72. 2013, 144:57, eff. July 1, 2013. 2016, 308:4, eff. July 1, 2016. 2018, 55:2, eff. July 14, 2018; 337:8, eff. July 1, 2018; 338:1, eff. July 1, 2018. 2020, 26:21, eff. July 1, 2020. 2022, 272:47, 48, eff. June 24, 2022.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:28 - Appeals.

169-C:28 Appeals. –
I. An appeal under this chapter may be taken to the supreme court by the child or the child's authorized representative or any party having an interest, including the state, or any person subject to any administrative decision pursuant to this chapter, 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. For purposes of this chapter, a "final dispositional order" includes a dismissal of a petition for abuse and neglect by the district court. "Final dispositional order" shall also include any ruling or order arising from an administrative hearing held or initiated by any administrative agency, including the department, in which a finding of child abuse or neglect is made.
II. This section shall apply to all appeals under this chapter, including appeals in proceedings before the family division of the courts.
Source.
1979, 361:2. 1989, 40:1. 1998, 235:1. 2000, 254:3, eff. June 12, 2000. 2020, 37:125, eff. July 1, 2020.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:28-a - Repealed by 1994, 411:19, II, eff. Jan. 1, 1995.

169-C:28-a Repealed by 1994, 411:19, II, eff. Jan. 1, 1995. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:29 - Persons Required to Report.

169-C:29 Persons Required to Report. –
Any physician, surgeon, county medical examiner, psychiatrist, resident, intern, dentist, osteopath, optometrist, chiropractor, psychologist, therapist, registered nurse, hospital personnel (engaged in admission, examination, care and treatment of persons), Christian Science practitioner, teacher, school official, school nurse, school counselor, social worker, day care worker, any other child or foster care worker, law enforcement official, priest, minister, or rabbi or any other person having reason to suspect that a child has been abused or neglected shall report the same in accordance with this chapter.
Source.
1979, 361:2, eff. Aug. 22, 1979.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:30 - Nature and Content of Report.

169-C:30 Nature and Content of Report. –
An oral report shall be made immediately by telephone or otherwise, and followed within 48 hours by a report in writing, if so requested, to the department. Such report shall, if known, contain the name and address of the child suspected of being neglected or abused and the person responsible for the child's welfare, the specific information indicating neglect or the nature and extent of the child's injuries (including any evidence of previous injuries), the identity of the person or persons suspected of being responsible for such neglect or abuse, and any other information that might be helpful in establishing neglect or abuse or that may be required by the department.
Source.
1979, 361:2. 1989, 146:2. 1994, 411:17. 1995, 310:175, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:31 - Immunity From Liability.

169-C:31 Immunity From Liability. –
Anyone participating in good faith in the making of a report pursuant to this chapter or who provides information or assistance, including medical evaluations or consultations, in connection with a report, investigation, or legal intervention pursuant to a good faith report of child abuse or neglect, is immune from any liability, civil or criminal, that might otherwise be incurred or imposed. Any such participant has the same immunity with respect to participation in any investigation by the department or judicial proceeding resulting from such report.
Source.
1979, 361:2. 1994, 411:17. 1995, 310:175, eff. Nov. 1, 1995. 2019, 45:1, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:32 - Abrogation of Privileged Communication.

169-C:32 Abrogation of Privileged Communication. –
The privileged quality of communication between husband and wife and any professional person and his patient or client, except that between attorney and client, shall not apply to proceedings instituted pursuant to this chapter and shall not constitute grounds for failure to report as required by this chapter.
Source.
1979, 361:2, eff. Aug. 22, 1979.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:33 - Photographs and X-Rays.

169-C:33 Photographs and X-Rays. –
I. Any medical person or the department preparing or investigating a report under this chapter, may take, or cause to be taken, photographs of the areas of trauma visible on a child who is the subject of a report and, if medically indicated, cause to be performed a radiological examination of the child without the consent of the child's parents or guardians. All photographs and X-rays taken, or copies of them, shall be sent to the appropriate offices of the department as soon as possible.
II. The reasonable cost of photographs or X-rays taken under this section shall be reimbursed by the department.
Source.
1979, 361:2. 1994, 411:17. 1995, 310:175, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:34-a - Multidisciplinary Child Protection Teams.

169-C:34-a Multidisciplinary Child Protection Teams. –
I. The department of health and human services may enter into formal cooperative agreements with appropriate agencies and organizations to create multidisciplinary child protection teams to assist with the investigation and evaluation of reports of abuse and neglect under this chapter.
II. Multidisciplinary child protection team members may include licensed physical and mental health practitioners, educators, law enforcement officers, representatives from the local child advocacy center, social workers, and such other individuals as may be necessary to assist with the investigation and evaluation of reports of abuse or neglect.
III. The department may share information from its case records to the extent permitted by law with members of a multidisciplinary child protection team in order to assist the team with its investigation and evaluation of a report of abuse or neglect. Multidisciplinary child protection team members shall be required to execute a confidentiality agreement and shall be bound by the confidentiality provisions of RSA 169-C:25 and RSA 170-G:8-a.
IV. The department, in conjunction with the department of justice and the New Hampshire Network of Children's Advocacy Centers, shall develop a written protocol for multidisciplinary child protection team investigations. The purpose of the protocol shall be to ensure the coordination and cooperation of the agencies involved in multidisciplinary child protection team investigations, to increase the efficiency in the handling of these cases, and to minimize the impact on the child of the legal and investigatory process. The protocol developed shall be reviewed and, if necessary, revised not less than once every 3 years. The department shall forward a copy of the approved protocol to the speaker of the house of representatives, the senate president, and the governor by November 1 of the year in which they were approved and revised.
Source.
2006, 118:1, eff. July 10, 2006.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:34-b - Coordination with Military Authorities.

169-C:34-b Coordination with Military Authorities. –
I. If a report is screened-in for investigation of abuse or neglect, the department shall collect information concerning the military status of the parent or guardian of the child who is the subject of the report and shall share information about the allegation with the appropriate military authorities.
II. Notwithstanding any other provision of law, the department shall enter into a memorandum of understanding with the military family advocacy program of a military installation with respect to child abuse and neglect investigations. For the purposes of this section, "military family advocacy program" shall mean the program established by the United States Department of Defense to address child abuse and neglect in military families. Such memorandum of understanding shall establish procedures and protocols for:
(a) Identifying an individual alleged to have committed abuse or neglect as military personnel;
(b) Reporting to a military family advocacy program when an investigation implicating military personnel has been initiated; and
(c) Maintaining confidentiality requirements under state and federal law.
Source.
2022, 77:3, eff. Nov. 16, 2022.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:35-a - Records Management of Abuse and Neglect Reports.

169-C:35-a Records Management of Abuse and Neglect Reports. –
I. The department shall retain a screened-out report for 4 years from the date that the report was screened out. If during the 4-year retention period, the department receives a subsequent report of abuse or neglect concerning the same alleged perpetrator or the same child or any siblings or other children in the same household or in the care of the same adults, the department shall retain information from the prior and subsequent reports for an additional 4 years from the date a subsequent report is screened out, an additional 10 years from the date a subsequent report is deemed unfounded, and indefinitely if the subsequent report is deemed founded or unfounded but with reasonable concern. The department shall delete or destroy all electronic and paper records of the reports when the retention period for the most recent report expires.
II. The department shall retain an unfounded report for 10 years from the date that the department determined the case to be unfounded. If during the 10-year retention period, the department receives a subsequent report of abuse or neglect concerning the same alleged perpetrator or the same child or any siblings or other children in the same household or in the care of the same adults, the department shall retain the information from the prior and subsequent reports for an additional 10 years from the date the subsequent report is screened out or deemed unfounded, or indefinitely if the subsequent report is deemed founded or unfounded but with reasonable concern. The department shall delete or destroy all electronic and paper records of the reports when the most recent report expires.
III. The department shall retain a founded report, or a report that is unfounded but with reasonable concern, indefinitely.
IV. Nothing in this section shall prevent the department from retaining generic, non-identifying information which is required for state and federal reporting and management purposes.
Source.
2002, 162:1. 2010, 164:1, eff. July 1, 2011. 2017, 112:9, eff. June 14, 2017. 2018, 57:2, eff. May 23, 2018; 172:2, eff. July 1, 2019.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:37 - Institutional Abuse and Neglect.

169-C:37 Institutional Abuse and Neglect. –
The department of justice shall be empowered to receive and investigate reports of institutional abuse or neglect at the youth development center, and any facility that provides child inpatient psychiatric treatment within the state mental health system; and the department shall be empowered to receive and investigate reports of all other suspected instances of institutional abuse or neglect. Either the department of justice or the commissioner of the department or both may adopt rules consistent with this authority to investigate such reports and take appropriate action for the protection of children.
Source.
1979, 361:2. 1983, 242:9. 1988, 107:5. 1994, 411:17. 1995, 310:173, 175, eff. Nov. 1, 1995. 2022, 272:56, eff. June 24, 2022.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:38 - Report to Law Enforcement Authority.

169-C:38 Report to Law Enforcement Authority. –
I. The department shall immediately by telephone or in person refer all cases in which there is reason to believe that any person under the age of 18 years has been: (a) sexually molested; (b) sexually exploited; (c) intentionally physically injured so as to cause serious bodily injury; (d) physically injured by other than accidental means so as to cause serious bodily injury; or (e) a victim of a crime, to the local law enforcement agency in the community in which the acts of abuse are believed to have occurred. The department shall also make a written report to the law enforcement agency within 48 hours, Saturdays, Sundays and holidays excluded. A copy of this report shall be sent to the office of the county attorney.
II. All law enforcement personnel and department employees shall cooperate in limiting the number of interviews of a child victim and, when appropriate, shall conduct joint interviews of the child. Employees of the department shall share with the investigating police officers all information in their possession which it is lawful for them to disclose to a law enforcement agency. Investigating police officers shall not use or reveal any confidential information shared with them by the department except to the extent necessary for the investigation and prosecution of the case.
III. No staff member of the department shall be held civilly or criminally liable for a telephone referral or a written report made under paragraph I.
IV. Law enforcement personnel or department employees who are trained caseworkers shall have the right to enter any public place, including but not limited to schools and child care agencies, for the purpose of conducting an interview with a child, with or without the consent or notification of the parent or parents of such child, if there is reason to believe that the child has been:
(a) Sexually molested.
(b) Sexually exploited.
(c) Intentionally physically injured so as to cause serious bodily injury.
(d) Physically injured by other than accidental means so as to cause serious bodily injury.
(e) A victim of a crime.
(f) Abandoned.
(g) Neglected.
V. For any interview conducted pursuant to paragraph IV, the interview with the child shall be videotaped if possible. If the interview is videotaped, it shall be videotaped in its entirety. If the interview cannot be videotaped in its entirety, an audio recording of the entire interview shall be made.
Source.
1979, 361:2. 1986, 225:1. 1988, 237:1. 1994, 411:17. 1995, 310:175. 1998, 185:1, 2, eff. Jan. 1, 1999.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:38-a - Standardized Protocol for the Investigation and Assessment of Child Abuse and Neglect Cases.

169-C:38-a Standardized Protocol for the Investigation and Assessment of Child Abuse and Neglect Cases. –
The department of health and human services and the department of justice shall jointly develop a standardized protocol for the interviewing of victims and the investigation and assessment of cases of child abuse and neglect. The protocol shall seek to minimize the impact on the victim. The protocol shall also be designed to protect the rights of all parties affected The protocol shall specifically address the need to establish safe and appropriate places for interviewing children.
Source.
2002, 113:1, eff. July 2, 2002.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:39 - Penalty for Violation.

169-C:39 Penalty for Violation. –
Anyone who knowingly violates any provision of this subdivision shall be guilty of a misdemeanor.
Source.
1979, 361:2, eff. Aug. 22, 1979.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:39-d - Repealed by 2011, 231:2(3), eff. Dec. 31, 2011.

169-C:39-d Repealed by 2011, 231:2(3), eff. Dec. 31, 2011. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:39-e - Repealed by 2010, 368:28, XVI, eff. Dec. 31, 2010.

169-C:39-e Repealed by 2010, 368:28, XVI, eff. Dec. 31, 2010. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:39-f - Repealed by 2010, 368:28, XVII, eff. Dec. 31, 2010.

169-C:39-f Repealed by 2010, 368:28, XVII, eff. Dec. 31, 2010. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:39-k - Repealed by 2022, 266:1, II, eff. June 24, 2022.

169-C:39-k Repealed by 2022, 266:1, II, eff. June 24, 2022. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:39-l - Child Abuse Specialized Medical Evaluation Program Established.

169-C:39-l Child Abuse Specialized Medical Evaluation Program Established. –
A child abuse specialized medical evaluation program is hereby established in the department. The program shall include the following elements:
I. Child protective service workers shall have on-call access, 24 hours a day and 7 days a week, to an experienced health care professional who is trained in and can advise on the standardized diagnostic methods, treatment, and disposition of suspected child sexual abuse and physical abuse.
II. Department nurses and child protective service workers performing screenings and assessments of reported cases of child abuse shall receive pre-service training in the standardized medical diagnostic methods, treatment, and disposition as well as periodic in-service training by health care providers experienced in child abuse and neglect.
III. Annually, a limited number of designated health care providers geographically distributed shall be trained in nationally recognized curricula to respond to initial presentations of child sexual abuse, physical abuse, and neglect.
IV. Health care professionals who participate in the training or are members of a multidisciplinary team, working with the department of health and human services or law enforcement, shall participate in periodic peer or expert reviews of their evaluations and undertake continuing education in the medical evaluation of child abuse and neglect according to professional standards.
V. The department shall contract with a health care provider with experience in child abuse and neglect to administer the program in collaboration with participating private and public entities.
VI. Reimbursement rates for health care providers who participate in the program shall reflect the average cost to deliver such services, including the participation in multidisciplinary team activities and associated court proceedings. The rates shall be periodically reviewed and, if necessary, revised.
VII. The commissioner of the department shall adopt rules, under RSA 541-A, relative to the medical evaluation program, training and continuing education requirements, and reimbursement rates.
Source.
2019, 346:228, eff. July 1, 2019.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-C - Child Protection Act › Section 169-C:40 - Severability.

169-C:40 Severability. –
If any provision of this chapter or the application thereof to any person or circumstances is held to be invalid, the remainder of the chapter and the application of such provision to other persons or circumstances shall not be affected thereby.
Source.
1979, 361:2, eff. Aug. 22, 1979.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-D - Children in Need of Services › Section 169-D:1 - Applicability of Chapter; Purpose.

169-D:1 Applicability of Chapter;  Purpose. –
This chapter shall apply to children in need of services as hereinafter defined and shall be construed and administered in accordance with the following purposes and policies:
I. To recognize that certain behaviors occurring within a family or school environment indicate that a child is experiencing serious difficulties and is in need of services and corrective action in order to protect the child from the irreversibility of certain choices, and to protect the integrity of the family and the authority it must maintain in order to fulfill its responsibilities to raise the next generation. To further provide the child with the treatment, care, guidance, counseling, discipline, supervision, and rehabilitation necessary to assist him in becoming a responsible and productive member of society;
II. To recognize that we must no longer bring the weight of family problems down on the child alone but that parents must be made aware of their contribution to the problem and must account for their role in the solution of the problem, and must accept the responsibility to participate in any program of care ordered by the court in order to assure that the outcome may have a good probability of success while, at the same time, supporting families in their mission to teach values to youth and to exercise reasonable control of their children;
III. To keep a child, whenever possible, in contact with his home community and in a family environment by preserving and strengthening the unity of the family and separating the child from his parents only when it is clearly necessary for his welfare or the interests of public safety, and when it can be clearly shown that a change in custody and control will benefit the child;
IV. To protect the integrity of the family by authorizing adjudication and the imposition of dispositional judgment requiring participation in a plan of services or by offering appropriate voluntary alternatives; and
V. To provide effective judicial procedures through which family service plans are executed and enforced, and which assure the parties fair hearings at which their constitutional and other rights as citizens are recognized and protected.
Source.
1979, 361:2. 1990, 201:6. 1999, 266:1, 2. 2013, 249:1, eff. Sept. 1, 2013.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-D - Children in Need of Services › Section 169-D:3 - Jurisdiction.

169-D:3 Jurisdiction. –
I. The court shall have exclusive original jurisdiction over all proceedings alleging a child is in need of services.
II. The court may, with the consent of the child, retain jurisdiction over any child who, prior to his eighteenth birthday, was found to be a child in need of services, and who is attending school for the purpose of obtaining a high school diploma or general equivalency diploma. The court shall make orders relative to the support and maintenance of the child during the period after the child's eighteenth birthday as justice may require.
III. The court shall close the case when the child reaches age 18, or if jurisdiction is retained, when the child ceases to be enrolled as a full-time student during sessions of the school, or graduates from such school, or upon reaching the age of 21, whichever shall first occur.
Source.
1979, 361:2. 1992, 11:2, eff. July 1, 1992.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-D - Children in Need of Services › Section 169-D:4 - Venue.

169-D:4 Venue. –
I. Proceedings under this chapter may be originated in any judicial district in which the child is found or resides.
II. By the court, upon its own motion, or that of any party, proceedings under this chapter may, upon notice and acceptance, be transferred to another court as the interests of justice or convenience of the parties require.
III. When a child who is on conditional release moves from one political subdivision to another, the court may transfer, upon notice and acceptance, to the court with jurisdiction over the political subdivision of the child's new residence, if such transfer is in the best interest of the child.
Source.
1979, 361:2. 1987, 402:8, eff. Jan. 1, 1988.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-D - Children in Need of Services › Section 169-D:4-a - Filing Reports, Evaluations, and Other Records.

169-D:4-a Filing Reports, Evaluations, and Other Records. –
All reports, evaluations and other records from the department of health and human services, counselors, and guardians ad litem in proceedings under this chapter shall be filed with the court and all other parties at least 5 days prior to any hearing. Once filed with the court and given to all other parties, the report, evaluation or other record need not be refiled during the proceeding. Failure to comply with the provisions of this section shall not be grounds for dismissal of the petition.
Source.
1991, 57:3. 1994, 212:2. 1995, 310:181, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-D - Children in Need of Services › Section 169-D:5-a - Notice of Petition to Department of Health and Human Services.

169-D:5-a Notice of Petition to Department of Health and Human Services. –
Upon the filing of any petition under RSA 169-D:5, the court shall serve the department of health and human services with a copy of the petition and the department shall be a party to and shall receive notice of all proceedings under this chapter from the court and all other parties.
Source.
1995, 308:76; 310:175, 181. 2004, 31:2, eff. Jan. 1, 2005.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-D - Children in Need of Services › Section 169-D:5-b - Consent Order.

169-D:5-b Consent Order. –
I. At any time after the filing of the petition and prior to an order of adjudication pursuant to RSA 169-D:14, the court may suspend the proceedings upon its own motion or upon the motion of any party, and continue the case under terms and conditions established by the parties and approved by the court.
II. A consent order shall not be approved unless the department consents and the child and parents, guardian, or custodian are informed of the consequences of the order by the court and the court determines that the child and parents voluntarily and intelligently consent to the terms and conditions of the order.
Source.
1995, 308:76; 310:175, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-D - Children in Need of Services › Section 169-D:5-c - Voluntary Services.

169-D:5-c Voluntary Services. –
The department shall assess whether to offer the child and family, on a voluntary basis, any services permitted under RSA 169-D:17 except out-of-home placement of the child. The department may decline to offer services to a child or family if it concludes that the child does not meet the definition of child in need of services in RSA 169-D:2, II, or if the department otherwise determines that voluntary services are not appropriate for the child or family. The department shall document the basis for its decision. Notwithstanding RSA 541-A, the department's decision shall not be subject to appeal, nor shall the fact that the department declined to offer voluntary services preclude a person from filing a petition under RSA 169-D:5, I. Voluntary services provided under this section shall not exceed 9 months, unless the department determines that an extension for an additional, specified period of time is appropriate.
Source.
2013, 249:6, eff. Sept. 1, 2013.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-D - Children in Need of Services › Section 169-D:6 - Issuance of Summons and Notice.

169-D:6 Issuance of Summons and Notice. –
I. (a) After a legally sufficient petition has been filed, unless the case is referred to the department pursuant to RSA 169-D:5 or a consent order is entered and approved, the court shall schedule an initial appearance and issue a summons, including a copy of the petition, to be served personally upon the person having custody or control of the child or with whom the child may be, requiring that person to appear with the child on the specified date and time.
(b) If personal service is not possible, service shall occur at the usual place of abode of the person having custody or control of the child or with whom the child may be, requiring that person to appear with the child at a specified place and time which time shall not be less than 24 hours after service. If the person so notified is not the parent or guardian of the child, then a parent or guardian shall be notified, provided they and their residence are known.
II. A copy of the petition shall be attached to each summons or incorporated therein.
III. The summons shall state as follows: "With limited exception, the department of health and human services shall be responsible for the cost of services provided under this chapter. RSA 186-C regarding children with disabilities grants children and their parents certain rights to services from school districts at public expense and to appeal school district decisions regarding services to be provided."
Source.
1979, 361:2. 1983, 458:9. 1990, 140:2, X. 1995, 308:77. 1999, 199:1; 266:5. 2006, 291:3. 2008, 274:31. 2013, 249:7, eff. Sept. 1, 2013. 2020, 26:24, eff. July 1, 2020.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-D - Children in Need of Services › Section 169-D:7 - Failure to Appear; Warrant.

169-D:7 Failure to Appear;  Warrant. –
I. Any person summoned who, without reasonable cause, fails to appear with the child, may be proceeded against as in case of contempt of court.
II. If a summons cannot be served or the party served fails to obey the same, and in any case where it appears to the court that such summons will be ineffectual, a warrant may be issued for the child's appearance or for the appearance of anyone having custody or control of the child or for both.
Source.
1979, 361:2, eff. Aug. 22, 1979.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-D - Children in Need of Services › Section 169-D:8 - Temporary Custody.

169-D:8 Temporary Custody. –
A child may be taken into temporary custody:
I. Pursuant to a court order; or
II. By a police officer or juvenile probation and parole officer when there are reasonable grounds to believe that a child has run away from his parents, guardian, or other custodian; or the circumstances are such as to endanger the child's health or welfare unless immediate action is taken.
Source.
1979, 361:2. 1987, 402:12. 2000, 294:9, eff. July 1, 2000.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-D - Children in Need of Services › Section 169-D:9-a - Use of Alternative to Secure Detention.

169-D:9-a Use of Alternative to Secure Detention. –
An officer may, with court approval, release a child to an alternative to secure detention as defined in RSA 169-B:2, pending the arrival of the parent, guardian, or custodian. The alternative program may release the child to the parent, guardian, or custodian upon their arrival. Any court, police, or juvenile probation and parole officer, acting in good faith pursuant to this section, shall have immunity from any liability, civil or criminal, which might otherwise be incurred or imposed as a result of release to an alternative to secure detention.
Source.
1988, 197:7. 2000, 294:9, eff. July 1, 2000.