New Hampshire Revised Statutes 169-C:16 – Preliminary Disposition
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I. If the court finds sufficient facts to sustain the petition, at a preliminary disposition, the court may:
(a) Permit the child to remain with the parent, relative, guardian, or other custodian, subject to such conditions and limitations as the court may prescribe.
(b) Transfer legal supervision to a child placing agency.
(c) Transfer protective supervision to a child placing agency.
(d) Issue an order of protection setting forth conditions of behavior by a parent, relative, guardian, custodian, or a household member. Such order may require any such person to:
(1) Stay away from the premises, another party, or the child.
(2) Permit a parent or other named person to visit the child at stated periods and under such conditions as the court may order.
(3) Abstain from harmful conduct with respect to the child or any person to whom custody of the child is awarded.
(4) Correct specified deficiencies in the home that make the home a harmful environment for the child.
(5) Refrain from specified acts of commission or omission that make the home a harmful environment for the child.
I-a. Notwithstanding N.H. Rev. Stat. § 169-C:25, a copy of each protective order issued pursuant to N.H. Rev. Stat. § 169-C:16, I(d)(1) shall be transmitted to the administrative office of the courts electronically or by facsimile. The administrative office of the courts shall enter information regarding the protective order into the state database, which shall be made available to the police and sheriffs’ departments statewide. It shall also update the database upon expiration or termination of the order.
II. A neglected or abused child shall not be placed in an institution established for the care and rehabilitation of delinquent children, the youth development center or any institution where an adult is confined.
III. The court may at any time order the child, parents, guardian, custodian, or household member subject to the petition or ex parte order, to submit to a mental health evaluation, or undergo a physical examination or treatment, with a written assessment being provided to the court. The court may order that the child, who is the subject of the petition or the family or both be evaluated by a mental health center or any other psychiatrist, psychologist or psychiatric social worker or family therapist or undergo physical examination or treatment with a written assessment provided to the court. Evaluations performed at a facility providing child inpatient psychiatric treatment within the state mental health system may occur only upon receiving prior approval for such evaluation from the commissioner of the department of health and human services, or designee.
IV. If the child, the parent, guardian or custodian objects to the mental health evaluation, he shall object in writing to the court having jurisdiction within 5 days after notification of the time and place of said evaluation. The court shall hold a hearing to consider the objection prior to ordering said evaluation. Upon good cause shown, the court may excuse the child, the parent, guardian or custodian from the provisions of this section.
V. If an order is made on a person not before the court under subparagraph I(d)(1), it shall be served on such person by a law enforcement officer. A hearing to challenge an order may be requested in writing. The hearing shall be held within 5 days of the request. A request for a hearing shall not stay the effect of the order.
VI. When the party subject to the order has an obligation to support the child in question, the court may order such party to remain out of the residence of the child. When the party subject to the order has no duty to support the child and solely owns or leases the residence of the child, the court may order such party to remain out of the residence of the child for a period of no more than 30 days.
(a) Permit the child to remain with the parent, relative, guardian, or other custodian, subject to such conditions and limitations as the court may prescribe.
Terms Used In New Hampshire Revised Statutes 169-C:16
- Abused child: means any child who has been:
(a) Sexually abused; or
(b) Intentionally physically injured; or
(c) Psychologically injured so that said child exhibits symptoms of emotional problems generally recognized to result from consistent mistreatment or neglect; or
(d) Physically injured by other than accidental means; or
(e) Subjected, by any person, to human trafficking as defined in N. See New Hampshire Revised Statutes 169-C:3 - Child: means any person who has not reached his eighteenth birthday. See New Hampshire Revised Statutes 169-C:3
- Child placing agency: means the department, Catholic charities of New Hampshire, or child and family services of New Hampshire, or any successor organization. See New Hampshire Revised Statutes 169-C:3
- children: means any individual who is under the age of 18 years. See New Hampshire Revised Statutes 169-C:3
- Court: means the district court, unless otherwise indicated. See New Hampshire Revised Statutes 169-C:3
- Custodian: means an agency or person, other than a parent or guardian, licensed pursuant to N. See New Hampshire Revised Statutes 169-C:3
- Department: means the department of health and human services. See New Hampshire Revised Statutes 169-C:3
- 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.
- Guardian: means a parent or person appointed by a court having jurisdiction with the duty and authority to make important decisions in matters having a permanent effect on the life and development of the child, and to be concerned about the general welfare of the child. See New Hampshire Revised Statutes 169-C:3
- Household member: means any person living with the parent, guardian, or custodian of the child from time to time or on a regular basis, who is involved occasionally or regularly with the care of the child. See New Hampshire Revised Statutes 169-C:3
- 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 supervision: means a legal status created by court order wherein the child is permitted to remain in his home under the supervision of a child placing agency subject to further court order. See New Hampshire Revised Statutes 169-C:3
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Parent: means mother, father, adoptive parent, stepparent, but such term shall not include a parent as to whom the parent-child relationship has been terminated by judicial decree or voluntary relinquishment. See New Hampshire Revised Statutes 169-C:3
- 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
- Protective supervision: means the status of a child who has been placed with a child placing agency pending the adjudicatory hearing. See New Hampshire Revised Statutes 169-C:3
- Relative: means parent, grandparent, brother, sister, stepparent, stepbrother, stepsister, uncle, aunt, nieces, nephews or first and second cousins. See New Hampshire Revised Statutes 169-C:3
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
(b) Transfer legal supervision to a child placing agency.
(c) Transfer protective supervision to a child placing agency.
(d) Issue an order of protection setting forth conditions of behavior by a parent, relative, guardian, custodian, or a household member. Such order may require any such person to:
(1) Stay away from the premises, another party, or the child.
(2) Permit a parent or other named person to visit the child at stated periods and under such conditions as the court may order.
(3) Abstain from harmful conduct with respect to the child or any person to whom custody of the child is awarded.
(4) Correct specified deficiencies in the home that make the home a harmful environment for the child.
(5) Refrain from specified acts of commission or omission that make the home a harmful environment for the child.
I-a. Notwithstanding N.H. Rev. Stat. § 169-C:25, a copy of each protective order issued pursuant to N.H. Rev. Stat. § 169-C:16, I(d)(1) shall be transmitted to the administrative office of the courts electronically or by facsimile. The administrative office of the courts shall enter information regarding the protective order into the state database, which shall be made available to the police and sheriffs’ departments statewide. It shall also update the database upon expiration or termination of the order.
II. A neglected or abused child shall not be placed in an institution established for the care and rehabilitation of delinquent children, the youth development center or any institution where an adult is confined.
III. The court may at any time order the child, parents, guardian, custodian, or household member subject to the petition or ex parte order, to submit to a mental health evaluation, or undergo a physical examination or treatment, with a written assessment being provided to the court. The court may order that the child, who is the subject of the petition or the family or both be evaluated by a mental health center or any other psychiatrist, psychologist or psychiatric social worker or family therapist or undergo physical examination or treatment with a written assessment provided to the court. Evaluations performed at a facility providing child inpatient psychiatric treatment within the state mental health system may occur only upon receiving prior approval for such evaluation from the commissioner of the department of health and human services, or designee.
IV. If the child, the parent, guardian or custodian objects to the mental health evaluation, he shall object in writing to the court having jurisdiction within 5 days after notification of the time and place of said evaluation. The court shall hold a hearing to consider the objection prior to ordering said evaluation. Upon good cause shown, the court may excuse the child, the parent, guardian or custodian from the provisions of this section.
V. If an order is made on a person not before the court under subparagraph I(d)(1), it shall be served on such person by a law enforcement officer. A hearing to challenge an order may be requested in writing. The hearing shall be held within 5 days of the request. A request for a hearing shall not stay the effect of the order.
VI. When the party subject to the order has an obligation to support the child in question, the court may order such party to remain out of the residence of the child. When the party subject to the order has no duty to support the child and solely owns or leases the residence of the child, the court may order such party to remain out of the residence of the child for a period of no more than 30 days.