New Hampshire Revised Statutes 170-C:11 – Decree
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I. Every order of the court terminating the parent-child relationship or transferring legal custody or guardianship of the person of the child shall be in writing and shall recite the findings upon which such order is based, including findings pertaining to the court’s jurisdiction.
II. If the court finds grounds for the termination of the parent-child relationship, it shall terminate such relationship and appoint the department of health and human services or another authorized agency as guardian of the child’s person and vest legal custody in such agency. The court shall also make an order fixing responsibility for the child’s support.
III. Notwithstanding the provisions of N.H. Rev. Stat. § 170-C:11, II, the court may terminate the parent-child relationship with respect to one parent without affecting the relationship between the child and the other parent, and unless the court finds that the best interest of the child requires substitution or supplementation of parental care and supervision, it shall award guardianship and vest legal custody in the other parent.
IV. Where the court does not order termination of the parent-child relationship, it shall dismiss the petition; provided, however, that where the court finds that the best interest of the child requires substitution or supplementation of parental care and supervision, it shall make an order awarding guardianship with the department of health and human services or an authorized agency and fixing responsibility for temporary child support.
V. The court shall issue a decision which shall include a disposition not later than 60 days after the date of the final hearing.
VI. The status of all children for whom termination decrees have been issued and for whom guardianship for the purpose of adoption has been granted to the department of health and human services shall be reviewed at least once a year following the initial decree until the adoption decree has been finalized.
II. If the court finds grounds for the termination of the parent-child relationship, it shall terminate such relationship and appoint the department of health and human services or another authorized agency as guardian of the child’s person and vest legal custody in such agency. The court shall also make an order fixing responsibility for the child’s support.
Terms Used In New Hampshire Revised Statutes 170-C:11
- Authorized agency: means the New Hampshire department of health and human services or a licensed child-placing agency. See New Hampshire Revised Statutes 170-C:2
- Child: or "minor" means a person less than 18 years of age. See New Hampshire Revised Statutes 170-C:2
- Court: means the probate court. See New Hampshire Revised Statutes 170-C:2
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardianship of the person: with respect to a minor means the duty and authority to make important decisions in matters having a permanent effect on the life and development of the minor, and to be concerned about the general welfare of the minor. See New Hampshire Revised Statutes 170-C:2
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Legal custody: means a status created by court order, embodying the following rights and responsibilities:
(a) The right to have the physical possession of the child;
(b) The right and the duty to protect, train and discipline the child; and
(c) The responsibility to provide the child with food, clothing, shelter, education and ordinary medical care, provided that such rights and responsibilities shall be exercised subject to the powers, rights, duties and responsibilities of the guardian of the person and subject to residual parental rights and responsibilities if these have not been terminated by judicial decree. See New Hampshire Revised Statutes 170-C:2 - Parent: means (a) the mother, (b) a father as to whom a child is legitimate, (c) a person as to whom a child is presumed to be a legitimate child, (d) an alleged father who is living with the mother and child or who has complied with the provisions of N. See New Hampshire Revised Statutes 170-C:2
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
III. Notwithstanding the provisions of N.H. Rev. Stat. § 170-C:11, II, the court may terminate the parent-child relationship with respect to one parent without affecting the relationship between the child and the other parent, and unless the court finds that the best interest of the child requires substitution or supplementation of parental care and supervision, it shall award guardianship and vest legal custody in the other parent.
IV. Where the court does not order termination of the parent-child relationship, it shall dismiss the petition; provided, however, that where the court finds that the best interest of the child requires substitution or supplementation of parental care and supervision, it shall make an order awarding guardianship with the department of health and human services or an authorized agency and fixing responsibility for temporary child support.
V. The court shall issue a decision which shall include a disposition not later than 60 days after the date of the final hearing.
VI. The status of all children for whom termination decrees have been issued and for whom guardianship for the purpose of adoption has been granted to the department of health and human services shall be reviewed at least once a year following the initial decree until the adoption decree has been finalized.