New Hampshire Revised Statutes 169-C:18 – 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. A record of the adjudicatory hearing shall be preserved unless expressly waived in writing by the parties, and the parties shall be notified in writing of their right to appeal.
III. The petitioner shall present witnesses to testify in support of the petition and any other evidence necessary to support the petition. The petitionees shall have the right to present evidence and witnesses on their own behalf and to cross-examine adverse witnesses. The admissibility of all evidence in this hearing shall be determined by N.H. Rev. Stat. § 169-C:12. The provisions of N.H. Rev. Stat. § 613:3, I, relative to the summoning of out-of-state witnesses, shall apply to the proceedings.
IV. If the court does not find sufficient evidence of neglect or abuse, it shall dismiss the petition.
V. If the court makes a finding that a child has been abused or neglected, the court shall order a child placing agency to make an investigation and a social study consisting of, but not limited to, the home conditions, family background, and financial assessment, school record, mental, physical and social history of the family, including sibling relationships and residences for appropriateness of preserving relationships between siblings who are separated as a result of court ordered placement, and submit it in writing to the court prior to the final disposition of the case. The court shall determine whether the minor’s school district shall be joined pursuant to N.H. Rev. Stat. § 169-C:20, and if joined, the court shall review the school district’s recommendations. No disposition order shall be made by a court without first reviewing the social study and without first reviewing the school district recommendations required under N.H. Rev. Stat. § 169-C:20. Preliminary orders, continued pursuant to N.H. Rev. Stat. § 169-C:16, may be entered or modified as appropriate until the dispositional hearing.
V-a. Where an adjudicatory order includes a finding and provides for the out-of-home placement of a child, the order shall set a date for a permanency hearing that is 12 months from the date of the finding pursuant to N.H. Rev. Stat. § 169-C:17 and/or N.H. Rev. Stat. § 169-C:18.
V-b. The department‘s dispositional report shall include:
(a) A description of efforts made by the department to avoid the need for placement and an explanation of why these efforts were unsuccessful.
(b) An explanation why the child cannot be protected from the identified problems in the home even if services are provided to the child and family.
V-c. If a preliminary order provided for an out-of-home placement of the child, the child shall not be returned to the home unless the court finds that there is no threat of imminent harm to the child and the parent or parents are actively engaged in remedial efforts to address the circumstances surrounding the underlying petition. The court order shall include the facts supporting the placement.
VI. The social study will be used only after a finding of neglect or abuse and only as a guide for the court in determining an appropriate disposition for a child. The court shall share the report with the parties. Any psychiatric report shall be used by the court only after a finding of neglect or abuse unless such report is submitted for determination of competency.
VII. The court shall hold a hearing on final disposition within 30 days after a finding of neglect or abuse.
VIII. 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. A record of the adjudicatory hearing shall be preserved unless expressly waived in writing by the parties, and the parties shall be notified in writing of their right to appeal.
Terms Used In New Hampshire Revised Statutes 169-C:18
- Adjudicatory hearing: means a hearing to determine the truth of the allegations in the petition filed under this chapter. See New Hampshire Revised Statutes 169-C:3
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- 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
- Court: means the district court, unless otherwise indicated. 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
- Dispositional hearing: means a hearing held after a finding of abuse or neglect to determine what dispositional order should be made on behalf of the child. See New Hampshire Revised Statutes 169-C:3
- 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.
- Out-of-home placement: means the placement of a child in substitute care with someone other than the child's biological parent or parents, adoptive parent or parents, or legal guardian. See New Hampshire Revised Statutes 169-C:3
- 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
- Permanency hearing: means a court hearing for a child in an out-of-home placement to review, modify, and/or implement the permanency plan or to adopt the concurrent plan. See New Hampshire Revised Statutes 169-C:3
- 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
- petitioner: shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- 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
- 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. The petitioner shall present witnesses to testify in support of the petition and any other evidence necessary to support the petition. The petitionees shall have the right to present evidence and witnesses on their own behalf and to cross-examine adverse witnesses. The admissibility of all evidence in this hearing shall be determined by N.H. Rev. Stat. § 169-C:12. The provisions of N.H. Rev. Stat. § 613:3, I, relative to the summoning of out-of-state witnesses, shall apply to the proceedings.
IV. If the court does not find sufficient evidence of neglect or abuse, it shall dismiss the petition.
V. If the court makes a finding that a child has been abused or neglected, the court shall order a child placing agency to make an investigation and a social study consisting of, but not limited to, the home conditions, family background, and financial assessment, school record, mental, physical and social history of the family, including sibling relationships and residences for appropriateness of preserving relationships between siblings who are separated as a result of court ordered placement, and submit it in writing to the court prior to the final disposition of the case. The court shall determine whether the minor’s school district shall be joined pursuant to N.H. Rev. Stat. § 169-C:20, and if joined, the court shall review the school district’s recommendations. No disposition order shall be made by a court without first reviewing the social study and without first reviewing the school district recommendations required under N.H. Rev. Stat. § 169-C:20. Preliminary orders, continued pursuant to N.H. Rev. Stat. § 169-C:16, may be entered or modified as appropriate until the dispositional hearing.
V-a. Where an adjudicatory order includes a finding and provides for the out-of-home placement of a child, the order shall set a date for a permanency hearing that is 12 months from the date of the finding pursuant to N.H. Rev. Stat. § 169-C:17 and/or N.H. Rev. Stat. § 169-C:18.
V-b. The department‘s dispositional report shall include:
(a) A description of efforts made by the department to avoid the need for placement and an explanation of why these efforts were unsuccessful.
(b) An explanation why the child cannot be protected from the identified problems in the home even if services are provided to the child and family.
V-c. If a preliminary order provided for an out-of-home placement of the child, the child shall not be returned to the home unless the court finds that there is no threat of imminent harm to the child and the parent or parents are actively engaged in remedial efforts to address the circumstances surrounding the underlying petition. The court order shall include the facts supporting the placement.
VI. The social study will be used only after a finding of neglect or abuse and only as a guide for the court in determining an appropriate disposition for a child. The court shall share the report with the parties. Any psychiatric report shall be used by the court only after a finding of neglect or abuse unless such report is submitted for determination of competency.
VII. The court shall hold a hearing on final disposition within 30 days after a finding of neglect or abuse.
VIII. 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.