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RSA 169-C:15 · Preliminary Hearing

Title
XII: PUBLIC SAFETY AND WELFARE
Chapter
169-C · CHILD PROTECTION ACT
Status
current
Official source linked
Yes
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169-C:15 Preliminary Hearing. –

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I.

After an ex parte order is issued or petition filed, a preliminary hearing shall be conducted by the court to determine if reasonable cause exists to believe that the child is abused or neglected.

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II.

If the court does not find reasonable cause to believe that the child is abused or neglected, it shall dismiss the petition.

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III.

Upon a finding of reasonable cause that the child is abused or neglected, the court shall:

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(a)

Appoint a CASA or other approved program guardian ad litem or an attorney to represent the child pursuant to RSA 169-C:10.

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(b)

Determine whether any ex parte orders issued should be continued or modified.

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(c)

Issue orders pursuant to RSA 169-C:16, which shall be immediate and in writing if the court finds that the child's circumstances or surroundings present an imminent danger to the child's health or life.

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(d)

Set a date for an adjudicatory hearing. In all cases, the adjudicatory hearing shall be held and completed and written findings issued within 60 days from the date that the petition was filed with the court. If a child is in an out-of-home placement, the adjudicatory hearing shall be held and completed within 30 days from the date the petition was filed with the court, unless the court makes a written finding of extraordinary circumstances requiring the time limit to be extended.

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IV.

The court shall determine whether each parent summoned understands the possible consequences to parental rights should the court find that the child is abused or neglected. Each person shall sign a statement stating that such person understands the consequences to parental rights. Such statement shall be in a form to be determined by the court.

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V.

Any person who is subject to an ex parte order may challenge the order at the preliminary hearing. Source. 1979, 361:2. 1991, 214:2. 1994, 411:8. 2007, 236:11. 2011, 177:4; 224:76. 2013, 144:59, eff. July 1, 2013. 2022, 272:14, eff. Jan. 1, 2023.

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Source note

Source. 1979, 361:2. 1991, 214:2. 1994, 411:8. 2007, 236:11. 2011, 177:4; 224:76. 2013, 144:59, eff. July 1, 2013. 2022, 272:14, eff. Jan. 1, 2023.

Source history

  • 1979, 361:2
  • 1991, 214:2
  • 1994, 411:8
  • 2007, 236:11
  • 2011, 177:4; 224:76
  • 2013, 144:59, eff. July 1, 2013
  • 2022, 272:14, eff. Jan. 1, 2023

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