New Hampshire Revised Statutes 169-C:23 – Standard for Return of Child in Placement
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In the absence of a guardianship of the person of the minor, governed by the terms of RSA 463, before a child in out-of-home placement is returned to the custody of his or her parents, the parent or parents shall demonstrate to the court that:
I. They are in compliance with the outstanding dispositional court order;
II. The child will not be endangered in the manner adjudicated on the initial petition, if returned home;
III. Return of custody is in the best interests of the child. Upon showing the ability to provide proper parental care, it shall be presumed that a return of custody is in the child’s best interests.
I. They are in compliance with the outstanding dispositional court order;
Terms Used In New Hampshire Revised Statutes 169-C:23
- Child: means any person who has not reached his eighteenth birthday. See New Hampshire Revised Statutes 169-C:3
- Court: means the district court, unless otherwise indicated. See New Hampshire Revised Statutes 169-C:3
- 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
- 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
II. The child will not be endangered in the manner adjudicated on the initial petition, if returned home;
III. Return of custody is in the best interests of the child. Upon showing the ability to provide proper parental care, it shall be presumed that a return of custody is in the child’s best interests.