New Hampshire Revised Statutes 169-B:16 – Adjudicatory Hearing
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I. An adjudicatory hearing under this chapter shall be conducted by the court, separate from the trial of criminal cases.
II. Following arraignment, the court shall proceed to hear the case in accordance with the due process rights afforded a minor charged with delinquency. The prosecution shall present witnesses to testify in support of the petition and any other evidence necessary to support the petition. The minor shall have the right to present evidence and witnesses on behalf of the minor and to cross-examine adverse witnesses. The provisions of N.H. Rev. Stat. § 613:3, I, relative to the summoning of out-of-state witnesses, shall apply to the proceedings.
III. If the court finds the minor has committed the alleged offense, it shall, unless a report done on the same minor less than 3 months previously is on file:
(a) Order the department of health and human services or other appropriate agency to make an investigation and written report consisting of, but not limited to, the home conditions, school records and the mental, physical and social history of the minor, and if ordered by the court, a physical and mental examination of the minor conducted pursuant to N.H. Rev. Stat. § 169-B:23, N.H. Rev. Stat. § 169-B:20 and N.H. Rev. Stat. § 169-B:21.
(b) Determine whether the legally liable school district shall be joined pursuant to N.H. Rev. Stat. § 169-B:22, and if joined, review the school district’s recommendations. The court shall not issue a disposition order until it reviews the investigative report required under this chapter or the school district recommendations required under N.H. Rev. Stat. § 169-B:22.
IV. The court shall share the report with the parties. The report shall be used only after a finding of delinquency and only as a guide for the court in determining an appropriate disposition for the minor.
V. The court shall hold a hearing on final disposition within 21 days of the adjudicatory hearing if the minor is detained and within 30 days of the adjudicatory hearing if the minor is released.
VI. Whenever a court contemplates a placement which will require educational services outside the child’s home school district, the court shall notify the school district and give the district the opportunity to send a representative to the hearing at which such placement is contemplated. In cases where immediate court action is required to protect the health or safety of the child or of the community, the court may act without providing for an appearance by the school district, but shall make reasonable efforts to solicit and consider input from the school district before making a placement decision.
II. Following arraignment, the court shall proceed to hear the case in accordance with the due process rights afforded a minor charged with delinquency. The prosecution shall present witnesses to testify in support of the petition and any other evidence necessary to support the petition. The minor shall have the right to present evidence and witnesses on behalf of the minor and to cross-examine adverse witnesses. The provisions of N.H. Rev. Stat. § 613:3, I, relative to the summoning of out-of-state witnesses, shall apply to the proceedings.
Terms Used In New Hampshire Revised Statutes 169-B:16
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- 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
- Testify: Answer questions in court.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
III. If the court finds the minor has committed the alleged offense, it shall, unless a report done on the same minor less than 3 months previously is on file:
(a) Order the department of health and human services or other appropriate agency to make an investigation and written report consisting of, but not limited to, the home conditions, school records and the mental, physical and social history of the minor, and if ordered by the court, a physical and mental examination of the minor conducted pursuant to N.H. Rev. Stat. § 169-B:23, N.H. Rev. Stat. § 169-B:20 and N.H. Rev. Stat. § 169-B:21.
(b) Determine whether the legally liable school district shall be joined pursuant to N.H. Rev. Stat. § 169-B:22, and if joined, review the school district’s recommendations. The court shall not issue a disposition order until it reviews the investigative report required under this chapter or the school district recommendations required under N.H. Rev. Stat. § 169-B:22.
IV. The court shall share the report with the parties. The report shall be used only after a finding of delinquency and only as a guide for the court in determining an appropriate disposition for the minor.
V. The court shall hold a hearing on final disposition within 21 days of the adjudicatory hearing if the minor is detained and within 30 days of the adjudicatory hearing if the minor is released.
VI. Whenever a court contemplates a placement which will require educational services outside the child’s home school district, the court shall notify the school district and give the district the opportunity to send a representative to the hearing at which such placement is contemplated. In cases where immediate court action is required to protect the health or safety of the child or of the community, the court may act without providing for an appearance by the school district, but shall make reasonable efforts to solicit and consider input from the school district before making a placement decision.