New Hampshire Revised Statutes 169-C:19 – Dispositional Hearing
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The department of health and human services shall provide the court with the costs of the recommended services, placements and programs. If the court finds that a child is abused or neglected or if the court issues a consent order pursuant to N.H. Rev. Stat. § 169-C:17, II, the court may order the following disposition:
I. The child may be permitted to remain with the parents, guardian, relative, or other custodian, subject to any or all of the following conditions:
(a) That the parents, guardian, relative, or custodian accept legal supervision by a child placing agency.
(b) That the parents, guardian, relative, or custodian, or the child, or both, accept individual or family therapy, or medical treatment.
(c) That the child attend a day care center.
(d) That a homemaker or parent aide be allowed to visit the home and assist the family.
II. (a) An order of protection may be issued setting forth conditions of behavior by a parent, relative, sibling, 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 supervised or otherwise, or have contact with 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 or contact with the child a harmful environment for the child.
(b) If an order is made affecting a person not before the court under subparagraph (a), 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.
(c) When the party subject to the order of protection 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.
II-a. Notwithstanding N.H. Rev. Stat. § 169-C:25, a copy of each protective order issued pursuant to N.H. Rev. Stat. § 169-C:19, II(a)(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.
III. (a) Legal custody may be transferred to a child placing agency or relative provided, however, that no child shall be placed with a relative until a written social study of the relative’s home, conducted by a child placing agency, is submitted to the court. Where a child is in an out-of-home placement, the court shall include in its order the concurrent plan for the child.
(b) If the child is placed out of state, the provisions of N.H. Rev. Stat. Chapter 170-A shall be followed.
IV. The court may order any parent, guardian, relative, custodian, household member, or child to undergo individual or family therapy, or medical treatment.
V. If the judge orders services, placements, or programs different from the recommendations of the department, the judge shall include a statement of the costs of the services, placements and programs so ordered.
VI. Prior to any 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. At such hearing the court shall consider the recommendations of the school district and if such an out-of-district placement is ordered the court shall make written findings that describe the reasons for the placement.
I. The child may be permitted to remain with the parents, guardian, relative, or other custodian, subject to any or all of the following conditions:
Terms Used In New Hampshire Revised Statutes 169-C:19
- 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
- Concurrent plan: means an alternate permanency plan in the event that a child cannot be safely reunified with his or her parents. See New Hampshire Revised Statutes 169-C:3
- Consent order: means a written agreement entered into among or between the parties regarding the facts and the disposition in a neglect or abuse case, and approved by the court. 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
- 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.
- 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
- Legal custody: means a status created by court order embodying the following rights and responsibilities unless otherwise modified by court order:
(a) The right to determine where and with whom the child shall live;
(b) The right to have the physical possession of the child;
(c) The right and the duty to protect and constructively discipline the child; and
(d) The responsibility to provide the child with food, clothing, shelter, education, emotional security and ordinary medical care provided that such rights and responsibilities shall be exercised subject to the power, rights, duties and responsibilities of the guardian of the child and subject to residual parental rights and responsibilities if these have not been terminated by judicial decree. See New Hampshire Revised Statutes 169-C:3 - 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.
- 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
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- 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
(a) That the parents, guardian, relative, or custodian accept legal supervision by a child placing agency.
(b) That the parents, guardian, relative, or custodian, or the child, or both, accept individual or family therapy, or medical treatment.
(c) That the child attend a day care center.
(d) That a homemaker or parent aide be allowed to visit the home and assist the family.
II. (a) An order of protection may be issued setting forth conditions of behavior by a parent, relative, sibling, 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 supervised or otherwise, or have contact with 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 or contact with the child a harmful environment for the child.
(b) If an order is made affecting a person not before the court under subparagraph (a), 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.
(c) When the party subject to the order of protection 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.
II-a. Notwithstanding N.H. Rev. Stat. § 169-C:25, a copy of each protective order issued pursuant to N.H. Rev. Stat. § 169-C:19, II(a)(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.
III. (a) Legal custody may be transferred to a child placing agency or relative provided, however, that no child shall be placed with a relative until a written social study of the relative’s home, conducted by a child placing agency, is submitted to the court. Where a child is in an out-of-home placement, the court shall include in its order the concurrent plan for the child.
(b) If the child is placed out of state, the provisions of N.H. Rev. Stat. Chapter 170-A shall be followed.
IV. The court may order any parent, guardian, relative, custodian, household member, or child to undergo individual or family therapy, or medical treatment.
V. If the judge orders services, placements, or programs different from the recommendations of the department, the judge shall include a statement of the costs of the services, placements and programs so ordered.
VI. Prior to any 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. At such hearing the court shall consider the recommendations of the school district and if such an out-of-district placement is ordered the court shall make written findings that describe the reasons for the placement.