New Hampshire Revised Statutes 169-C:6-b – Child’s Welfare and Findings Regarding Removal
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I. The court shall, in its first court ruling that sanctions, even temporarily, the removal of a child from the home, determine whether continuation in the home is contrary to the child’s welfare.
II. The court shall within 60 days of a child’s removal from the home, determine and issue written findings as to whether reasonable efforts were made or were not required to prevent the child’s removal. In determining whether reasonable efforts were made to prevent the child’s removal, the court shall consider whether services to the family have been accessible, available, and appropriate.
III. If the court orders that a child be removed from his or her home at the preliminary hearing under N.H. Rev. Stat. § 169-C:15, the adjudicatory hearing under N.H. Rev. Stat. § 169-C:18, the dispositional hearing under N.H. Rev. Stat. § 169-C:19, or the final hearing under N.H. Rev. Stat. § 169-C:21, the court order for removal shall include specific written findings regarding the need for the out-of-home placement. The order shall briefly state the facts the court found to exist that justify ordering the placement.
IV. If the order does not comply with the requirements of paragraph III, the judge shall make a written finding to justify the out-of-home placement. Providing a copy of the order, redacted to protect the identity of the parties and children, to the members of the house committee having jurisdiction over child and family issues shall not be considered a violation of N.H. Rev. Stat. § 169-C:25.
II. The court shall within 60 days of a child’s removal from the home, determine and issue written findings as to whether reasonable efforts were made or were not required to prevent the child’s removal. In determining whether reasonable efforts were made to prevent the child’s removal, the court shall consider whether services to the family have been accessible, available, and appropriate.
Terms Used In New Hampshire Revised Statutes 169-C:6-b
- 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
- Child: means any person who has not reached his eighteenth birthday. 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
- 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
- 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.
- 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
- Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
- 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
III. If the court orders that a child be removed from his or her home at the preliminary hearing under N.H. Rev. Stat. § 169-C:15, the adjudicatory hearing under N.H. Rev. Stat. § 169-C:18, the dispositional hearing under N.H. Rev. Stat. § 169-C:19, or the final hearing under N.H. Rev. Stat. § 169-C:21, the court order for removal shall include specific written findings regarding the need for the out-of-home placement. The order shall briefly state the facts the court found to exist that justify ordering the placement.
IV. If the order does not comply with the requirements of paragraph III, the judge shall make a written finding to justify the out-of-home placement. Providing a copy of the order, redacted to protect the identity of the parties and children, to the members of the house committee having jurisdiction over child and family issues shall not be considered a violation of N.H. Rev. Stat. § 169-C:25.