New Hampshire Revised Statutes 169-D:10-a – Removal of Child From Home
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No child subject to a petition brought under this chapter shall be removed from his home unless:
I. Clear and convincing evidence is presented to the court to show it is against the child’s best interest to remain in the home under the circumstances presented in such petition;
II. A case plan for return of the child to the home has been recommended by the department, which in its recommendation shall address parent and child responsibility, and ordered by the court; provided, however, that in cases brought by a parent, guardian or custodian, the parent, guardian or custodian shall consent to the order.
I. Clear and convincing evidence is presented to the court to show it is against the child’s best interest to remain in the home under the circumstances presented in such petition;
Terms Used In New Hampshire Revised Statutes 169-D:10-a
- 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.
- 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.
- 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. A case plan for return of the child to the home has been recommended by the department, which in its recommendation shall address parent and child responsibility, and ordered by the court; provided, however, that in cases brought by a parent, guardian or custodian, the parent, guardian or custodian shall consent to the order.