New Hampshire Revised Statutes 169-D:11 – Initial Appearance
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I. An initial appearance shall be held not less than 24 hours nor more than 7 days from the filing of a legally sufficient petition.
II. At the initial appearance, the court shall:
(a) Advise the child in writing and orally of any formal charges;
(b) Appoint counsel pursuant to N.H. Rev. Stat. § 169-D:12;
(c) Establish any conditions for release;
(d) Set a hearing date; and
(e) Inquire of the child and a parent or guardian of the child if the child has been:
(1) Determined to have an intellectual disability;
(2) Determined to have a mental illness, emotional or behavioral disorder, or another disorder that may impede the child’s decision-making abilities;
(3) Identified as eligible for special education services; or
(4) Previously referred to a care management entity as defined in N.H. Rev. Stat. § 135-F:4, III.
II-a. However, no plea shall be taken until the child has had the opportunity to consult with counsel or until a waiver is filed pursuant to N.H. Rev. Stat. § 169-D:12.
II-b. The court may, at the initial appearance or at any time thereafter, with the consent of the minor and the minor’s family, refer the minor and family to a care management entity as defined in N.H. Rev. Stat. § 135-F:4, III for evaluation and/or behavioral health services to be coordinated and supervised by that entity.
III. After hearing, the court may, with the consent of the child, dispose of the petition by ordering the child to participate in a court approved diversion program or other intervention program.
II. At the initial appearance, the court shall:
Terms Used In New Hampshire Revised Statutes 169-D:11
- 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
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
(a) Advise the child in writing and orally of any formal charges;
(b) Appoint counsel pursuant to N.H. Rev. Stat. § 169-D:12;
(c) Establish any conditions for release;
(d) Set a hearing date; and
(e) Inquire of the child and a parent or guardian of the child if the child has been:
(1) Determined to have an intellectual disability;
(2) Determined to have a mental illness, emotional or behavioral disorder, or another disorder that may impede the child’s decision-making abilities;
(3) Identified as eligible for special education services; or
(4) Previously referred to a care management entity as defined in N.H. Rev. Stat. § 135-F:4, III.
II-a. However, no plea shall be taken until the child has had the opportunity to consult with counsel or until a waiver is filed pursuant to N.H. Rev. Stat. § 169-D:12.
II-b. The court may, at the initial appearance or at any time thereafter, with the consent of the minor and the minor’s family, refer the minor and family to a care management entity as defined in N.H. Rev. Stat. § 135-F:4, III for evaluation and/or behavioral health services to be coordinated and supervised by that entity.
III. After hearing, the court may, with the consent of the child, dispose of the petition by ordering the child to participate in a court approved diversion program or other intervention program.