Live Free or Die Legal
This website is not an official source of law. This website does not provide legal advice. For official legal materials, verify against the relevant court, legislature, agency, or other official source. Legal information may be incomplete, outdated, or incorrectly processed. Consult a qualified attorney for advice about a specific legal matter.

This RSA section is an unofficial mirror, is not legal advice, and may be incomplete, outdated, or incorrectly processed.

RSA 169-B:4 · Jurisdiction Over Certain Persons

Title
XII: PUBLIC SAFETY AND WELFARE
Chapter
169-B · DELINQUENT CHILDREN
Status
current
Official source linked
Yes
Official source Copy section link

169-B:4 Jurisdiction Over Certain Persons. –

Copy link
I.

The court shall have jurisdiction over any minor with respect to whom a petition is filed under this chapter after the minor's eighteenth and before the minor's nineteenth birthday for an alleged delinquency offense committed before the minor's eighteenth birthday.

Copy link
II.

The court may retain jurisdiction over any minor during the period after the minor's eighteenth birthday as justice may require for any minor who, prior to the minor's eighteenth birthday, was adjudicated delinquent and:

Copy link
(a)

For whom the department has recommended extension of the court's jurisdiction;

Copy link
(b)

Who has, prior to the minor's eighteenth birthday, consented to the court's retention of jurisdiction; and

Copy link
(c)

Who is attending school for the purpose of obtaining a high school diploma or general equivalency diploma and is considered likely to receive such diploma, or who is receiving special education under RSA 186-C.

Copy link
III.

At the request of the prosecutor or the department, the court may retain jurisdiction over the minor for a period of up to 2 years following the completion of any appeal if the petition was filed after the minor had attained the age of 17 years. Notwithstanding the provisions of RSA 169-B:19, III, when jurisdiction is retained pursuant to this section, the court may sentence a person to the county correctional facility for a term that may extend beyond the person's eighteenth birthday.

Copy link
IV.

The court shall close the case when the minor reaches age 18 or, if jurisdiction is extended pursuant to paragraph II, when:

Copy link
(a)

The minor revokes the minor's consent in writing and such revocation has been approved by the court;

Copy link
(b)

The minor ceases to be enrolled as a full-time student during sessions of the school;

Copy link
(c)

The minor graduates from high school or receives a general equivalency diploma, or is still receiving special education under RSA 186-C despite receiving a general equivalency diploma;

Copy link
(d)

The minor attains 21 years of age, unless the minor is still receiving special education under RSA 186-C, in which case the court may extend jurisdiction until the minor attains 22 years of age or exits special education, whichever occurs first; or

Copy link
(e)

The department revokes its consent in writing; whichever event shall first occur. The court shall approve the minor's revocation of consent if it finds that the minor, in seeking to do so, is acting intelligently, knowledgeably, and in acceptance of the legal consequences.

Copy link
V.

Notwithstanding paragraph III, when the court finds by clear and convincing evidence that closing the case would endanger the safety of the minor, any other person, or the community, or the court finds that there is a high probability that continued provision of treatment services is necessary to rehabilitate the minor, the court may retain jurisdiction over any minor:

Copy link
(a)

Who has been found to have committed a violent crime as defined under RSA 169-B:35-a, I(c);

Copy link
(b)

Who has been petitioned to the court on 4 or more occasions and adjudicated delinquent in 4 separate adjudicatory hearings which alleged misdemeanor or felony offenses; or

Copy link
(c)

Who is subject to the jurisdiction of the court prior to the minor's eighteenth birthday and for whom the department has filed a motion with the court requesting that the court retain jurisdiction under this subparagraph; provided that the department's motion is filed within the 90 days prior to the minor's eighteenth birthday and provided further that the court's jurisdiction pursuant to this subparagraph shall continue until the minor's nineteenth birthday.

Copy link
VI.

A minor may be subject to the extended jurisdiction of the court for a period of time no longer than that for which an adult could be committed for a like offense or the minor reaches the age of 21, whichever occurs first. For purposes of this section, the time shall be calculated from the date of the original dispositional order.

Copy link
VII.

In any instance in which the statute of limitations has not tolled and no juvenile petition has been filed based upon acts committed before the minor's eighteenth birthday, the state may proceed against the person in the criminal justice system after that person's eighteenth birthday. Source. 1979, 361:2. 1992, 11:1. 1995, 302:5, 6; 308:103; 310:175. 2002, 170:1, 2. 2004, 79:2. 2006, 190:1, eff. July 1, 2007. 2014, 215:5-9, eff. July 1, 2015. 2015, 260:4, 5, eff. July 1, 2015 at 12:01 a.m. 2024, 204:1, 2, eff. Sept. 10, 2024.

Copy link

Source note

Source. 1979, 361:2. 1992, 11:1. 1995, 302:5, 6; 308:103; 310:175. 2002, 170:1, 2. 2004, 79:2. 2006, 190:1, eff. July 1, 2007. 2014, 215:5-9, eff. July 1, 2015. 2015, 260:4, 5, eff. July 1, 2015 at 12:01 a.m. 2024, 204:1, 2, eff. Sept. 10, 2024.

Source history

  • 1979, 361:2
  • 1992, 11:1
  • 1995, 302:5, 6; 308:103; 310:175
  • 2002, 170:1, 2
  • 2004, 79:2
  • 2006, 190:1, eff. July 1, 2007
  • 2014, 215:5-9, eff. July 1, 2015
  • 2015, 260:4, 5, eff. July 1, 2015 at 12:01 a.m
  • 2024, 204:1, 2, eff. Sept. 10, 2024

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 HB1160 reference · effective 2026-04-22

    erm care, including county reimbursement of said funds under RSA 167:18-a. [(b) State responsibility for court-ordered expenses for services or treatment provided to minors under RSA 169-B:40, RSA 169-C:27, and RSA 169-D:29.] 30:3 Effective Date. This act shall take effect 60 days after its passage. Approved: April 22, 2026 Effective Date: June 21, 2026 HELPFUL LINKS Redistricting Information Ethic

  • 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 SB412 amend · effective 2027-01-01

    violations of the conditions of release so long as the violation is filed within the period of conditional release. 57:2 New Paragraph; Delinquent Children; Jurisdiction. Amend RSA 169-B:4 by inserting after paragraph V the following new paragraph: V-a. The court may retain jurisdiction to hear violations of conditions of release pursuant to RSA 169-B:2, VIII(d). 57:3 Children in Need of Services; Def

Opinions and discipline decisions mentioning this RSA