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RSA 169-B:21 · Mental Health and Substance Abuse Evaluation

Title
XII: PUBLIC SAFETY AND WELFARE
Chapter
169-B · DELINQUENT CHILDREN
Status
current
Official source linked
Yes
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169-B:21 Mental Health and Substance Abuse Evaluation. –

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I.

Any court, finding that a minor has committed the alleged offense may, before making a final disposition, order the minor, minor's parents, guardian, or person with custody or control to submit to a mental health or substance abuse evaluation to be completed within 60 days. Any substance abuse evaluation of the parent guardian, or person having custody of the child shall be conducted by a provider contracted with the bureau of substance abuse services, or a provider paid by the parent, guardian, or person having custody of the child. The cost of such evaluation shall be paid by private insurance, if available, or otherwise by the department. A written report of the evaluation shall be given to the court before the dispositional hearing. If the parents, guardian, minor, or person having custody or control objects to the mental health or substance abuse evaluation, they shall object in writing to the court having jurisdiction within 5 days after notification of the time and place of the evaluation. The court shall hold a hearing to consider the objection prior to ordering such evaluation. Upon good cause shown, the court may excuse the parents, guardian, minor, or person having custody or control from the provisions of this section.

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II.

Whenever such an evaluation has been made for consideration at a previous hearing, it shall be jointly reviewed by the court and the evaluating agency before the case is heard. The evaluating facility, agency, or individual shall keep records, but no reports or records of information contained therein shall be made available other than to the court and parties, except upon the written consent of the person examined or treated and except as provided in RSA 169-B:35.

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III.

In the case of a minor found guilty of possession of marijuana or hashish, the court, finding that a minor has committed the alleged offense, shall refer the minor for a substance abuse assessment to be completed prior to the dispositional hearing. The court may waive the requirement of an assessment if it has access to a similar assessment completed in the previous year or, based on substantial evidence, the court does not find there is a need for an assessment. The assessment shall be completed by a licensed drug and alcohol counselor. The results of the assessment shall be submitted to the court and, if indicated, the court shall order that the minor obtain appropriate treatment. The minor shall furnish the court with evidence of participation and completion of the substance abuse assessment. Source. 1979, 361:2. 1999, 305:11, eff. Jan. 1, 2000. 2017, 248:9, eff. Sept. 16, 2017. 2020, 26:18, eff. July 1, 2020.

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Source note

Source. 1979, 361:2. 1999, 305:11, eff. Jan. 1, 2000. 2017, 248:9, eff. Sept. 16, 2017. 2020, 26:18, eff. July 1, 2020.

Source history

  • 1979, 361:2
  • 1999, 305:11, eff. Jan. 1, 2000
  • 2017, 248:9, eff. Sept. 16, 2017
  • 2020, 26:18, eff. July 1, 2020

Related materials

Bill relationships

  • 2026 HB1099 reference

    and special education services to New Hampshire students who are placed in residential facilities in the state as an episode of treatment or under a court ordered placement under RSA 169-B, RSA 169-C, and RSA 169-D. II. The members of the committee shall be as follows: (a) One member of the senate, appointed by the president of the senate. (b) Four members of the house of representatives, appointed

  • 2026 HB1315 amend · effective 2027-01-01

    n General Court convened: 1 New Paragraphs; Minors; Tobacco Violations. Amend RSA 126-K:6 by inserting after paragraph III the following new paragraphs: IV. Notwithstanding RSA 169-B and RSA 169-D, a person 12 years of age and older who violates this section shall not be considered a delinquent or a child in need of services. V. Any person who has not attained 21 years of age who violates this sect

  • 2026 HB1564 related · effective 2027-01-01

    d persons. Eligibility for services in the mental health system for persons under 21 years of age shall be determined after consideration of the services provided under RSA 186-C, RSA 169-B, RSA 169-C, RSA 169-D, or any other law. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the eligibility of severely mentally disabled persons to receive state services and the service guarantees

  • 2026 HB1564-FN related · effective 2027-01-01

    d persons. Eligibility for services in the mental health system for persons under 21 years of age shall be determined after consideration of the services provided under RSA 186-C, RSA 169-B, RSA 169-C, RSA 169-D, or any other law. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the eligibility of severely mentally disabled persons to receive state services and the service guarantees

  • 2026 HB652 reference · effective 2026-01-01

    y for children of unwed parties, except that the parties may first seek to have their case resolved by the office of family mediation pursuant to RSA 490-E:8. III. Actions under RSA 169-B, relating to delinquent children except for concurrent jurisdiction with the circuit court to enter temporary detention orders under RSA 169-B:11, III and 169-B:12, IV(b). IV. Actions under RSA 169-C, relating to abus

  • 2026 HB652-FN reference · effective 2026-01-01

    y for children of unwed parties, except that the parties may first seek to have their case resolved by the office of family mediation pursuant to RSA 490-E:8. III. Actions under RSA 169-B, relating to delinquent children except for concurrent jurisdiction with the circuit court to enter temporary detention orders under RSA 169-B:11, III and 169-B:12, IV(b). IV. Actions under RSA 169-C, relating to abus

  • 2026 HB709 reference · effective 2026-07-01

    ld's legal residence for school attendance purposes shall be as stated in the order. If a child is in a court-ordered residential placement, foster home, or group home pursuant to RSA 169-B, RSA 169-C, RSA 169-D, RSA 170-C, or RSA 463, residence shall be determined in accordance with RSA 193:28. (B) Nothing in this subparagraph shall require a school district to provide transportation for a child to anoth

  • 2026 HB709-FN reference · effective 2026-07-01

    ld's legal residence for school attendance purposes shall be as stated in the order. If a child is in a court-ordered residential placement, foster home, or group home pursuant to RSA 169-B, RSA 169-C, RSA 169-D, RSA 170-C, or RSA 463, residence shall be determined in accordance with RSA 193:28. (B) Nothing in this subparagraph shall require a school district to provide transportation for a child to anoth

  • 2026 SB142 related · effective 2026-01-01

    pursuant to RSA 541-A, relative to the administration and enforcement of the following: (a) The interstate compact for juveniles under RSA 169-A. (b) Delinquent children under RSA 169-B. (c) Child protection under RSA 169-C. (d) Children in need of services under RSA 169-D. (e) Missing children under RSA 169-E. (f) Court ordered placements under RSA 169-F. (g) Review of dispositional orders i

  • 2026 SB142-FN related · effective 2026-01-01

    pursuant to RSA 541-A, relative to the administration and enforcement of the following: (a) The interstate compact for juveniles under RSA 169-A. (b) Delinquent children under RSA 169-B. (c) Child protection under RSA 169-C. (d) Children in need of services under RSA 169-D. (e) Missing children under RSA 169-E. (f) Court ordered placements under RSA 169-F. (g) Review of dispositional orders i

  • 2026 SB524 amend · effective 2027-01-01

    e and shall be destroyed. 7 New Paragraphs; Minors; Tobacco Violations. Amend RSA 126-K:6 by inserting after paragraph III the following new paragraphs: IV. Notwithstanding RSA 169-B and RSA 169-D, a person 12 years of age and older who violates this section shall not be considered a delinquent or a child in need of services. V. Any person who has not attained 21 years of age who violates this sect

  • 2026 SB524-FN amend · effective 2027-01-01

    e and shall be destroyed. 7 New Paragraphs; Minors; Tobacco Violations. Amend RSA 126-K:6 by inserting after paragraph III the following new paragraphs: IV. Notwithstanding RSA 169-B and RSA 169-D, a person 12 years of age and older who violates this section shall not be considered a delinquent or a child in need of services. V. Any person who has not attained 21 years of age who violates this sect