New Hampshire Revised Statutes 169-D:13 – Release Pending Adjudicatory Hearing
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I. Following the initial appearance, a child alleged to be in need of services may be ordered by the court subject to such conditions as the court may order, to be:
(a) Retained in the custody of a parent, guardian, or custodian; or
(b) Released in the supervision and care of a relative; or
(c) Where the petition alleges that the child is a habitual runaway under N.H. Rev. Stat. § 169-D:2, II(b) or that the child is a child in need of services under N.H. Rev. Stat. § 169-D:2, II(d), released to the custody of the department of health and human services for placement in a foster home, as defined in N.H. Rev. Stat. § 169-C:3, XIII, a group home, a crisis home, or a shelter care facility with expenses chargeable as provided in N.H. Rev. Stat. § 169-D:29.
(d) [Repealed.]
I-a. Where the petition alleges that the child is a habitual truant under N.H. Rev. Stat. § 169-D:2, II(a), that the child repeatedly disregards the reasonable and lawful commands of his or her parents, guardian, or custodian under N.H. Rev. Stat. § 169-D:2, II(b), or that the child repeatedly or habitually engages in conduct that constitutes violation level offenses under N.H. Rev. Stat. § 169-D:2, II(c), the court shall not order the out-of-home placement of the child.
II. The adjudicatory hearing shall be held within 21 days of the initial appearance.
III. All orders issued pursuant to this section shall set forth the findings as to the form of release or any conditions in writing and shall state any custody provisions under paragraph I.
(a) Retained in the custody of a parent, guardian, or custodian; or
Terms Used In New Hampshire Revised Statutes 169-D:13
- 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.
- 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
- 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
(b) Released in the supervision and care of a relative; or
(c) Where the petition alleges that the child is a habitual runaway under N.H. Rev. Stat. § 169-D:2, II(b) or that the child is a child in need of services under N.H. Rev. Stat. § 169-D:2, II(d), released to the custody of the department of health and human services for placement in a foster home, as defined in N.H. Rev. Stat. § 169-C:3, XIII, a group home, a crisis home, or a shelter care facility with expenses chargeable as provided in N.H. Rev. Stat. § 169-D:29.
(d) [Repealed.]
I-a. Where the petition alleges that the child is a habitual truant under N.H. Rev. Stat. § 169-D:2, II(a), that the child repeatedly disregards the reasonable and lawful commands of his or her parents, guardian, or custodian under N.H. Rev. Stat. § 169-D:2, II(b), or that the child repeatedly or habitually engages in conduct that constitutes violation level offenses under N.H. Rev. Stat. § 169-D:2, II(c), the court shall not order the out-of-home placement of the child.
II. The adjudicatory hearing shall be held within 21 days of the initial appearance.
III. All orders issued pursuant to this section shall set forth the findings as to the form of release or any conditions in writing and shall state any custody provisions under paragraph I.