New Hampshire Revised Statutes 621:27 – Incorrigibles
Current as of: 2023 | Check for updates
|
Other versions
I. If a minor committed or detained at the center shall be found by the department to be incorrigible and dangerous to the discipline of the center, the department may order the minor to be transferred and committed to another institution with facilities for minors for a time not exceeding the time when the commitment to the center expires.
II. The department shall cause an attested copy of its order to be served on the minor and his or her father or mother or guardian, or other person standing in loco parentis, either personally or by certified mail. No defect or insufficiency in the service of the copy shall invalidate the order of transfer and commitment. The minor, or any interested person in the minor’s behalf, may, within 30 days from the entry of the order, petition the superior court or any justice of the superior court for a review of the findings and order of transfer and commitment to determine whether the order was justified. The court or justice shall immediately fix a time and place for hearing and make such orders relative to the giving of notice of the hearing as may be proper and, upon hearing all relevant evidence, an order shall be entered as justice may require.
III. The minor may be transferred to any institution upon payment by the center of a reasonable sum for the minor’s care and maintenance, and for such time, not exceeding the minority, as the department may determine. The center shall have the right of recovery in accordance with N.H. Rev. Stat. § 169-B:40 and N.H. Rev. Stat. § 621:31.
II. The department shall cause an attested copy of its order to be served on the minor and his or her father or mother or guardian, or other person standing in loco parentis, either personally or by certified mail. No defect or insufficiency in the service of the copy shall invalidate the order of transfer and commitment. The minor, or any interested person in the minor’s behalf, may, within 30 days from the entry of the order, petition the superior court or any justice of the superior court for a review of the findings and order of transfer and commitment to determine whether the order was justified. The court or justice shall immediately fix a time and place for hearing and make such orders relative to the giving of notice of the hearing as may be proper and, upon hearing all relevant evidence, an order shall be entered as justice may require.
Terms Used In New Hampshire Revised Statutes 621:27
- 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.
- justice: when applied to a magistrate, shall mean a justice of a municipal court, or a justice of the peace having jurisdiction over the subject-matter. See New Hampshire Revised Statutes 21:12
- 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
III. The minor may be transferred to any institution upon payment by the center of a reasonable sum for the minor’s care and maintenance, and for such time, not exceeding the minority, as the department may determine. The center shall have the right of recovery in accordance with N.H. Rev. Stat. § 169-B:40 and N.H. Rev. Stat. § 621:31.