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 Legal information may be incomplete, outdated, or incorrectly processed.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This RSA section is an unofficial mirror, is not legal advice, and may be incomplete, outdated, or incorrectly processed.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-C:16 · Preliminary Disposition

Title
XII: PUBLIC SAFETY AND WELFARE
Chapter
169-C · CHILD PROTECTION ACT
Status
current
Official source linked
Yes
Official source Copy section link

169-C:16 Preliminary Disposition. –

Copy link
I.

If the court finds sufficient facts to sustain the petition, at a preliminary disposition, the court may:

Copy link
(a)

Permit the child to remain with the parent, relative, guardian, or other custodian, subject to such conditions and limitations as the court may prescribe.

Copy link
(b)

Transfer legal supervision to a child placing agency.

Copy link
(c)

Transfer protective supervision to a child placing agency.

Copy link
(d)

Issue an order of protection setting forth conditions of behavior by a parent, relative, guardian, custodian, or a household member. Such order may require any such person to:

Copy link
(1)

Stay away from the premises, another party, or the child.

Copy link
(2)

Permit a parent or other named person to visit the child at stated periods and under such conditions as the court may order.

Copy link
(3)

Abstain from harmful conduct with respect to the child or any person to whom custody of the child is awarded.

Copy link
(4)

Correct specified deficiencies in the home that make the home a harmful environment for the child.

Copy link
(5)

Refrain from specified acts of commission or omission that make the home a harmful environment for the child. I-a. Notwithstanding RSA 169-C:25, a copy of each protective order issued pursuant to RSA 169-C:16, I(d)(1) shall be transmitted to the administrative office of the courts electronically or by facsimile. The administrative office of the courts shall enter information regarding the protective order into the state database, which shall be made available to the police and sheriffs' departments statewide. It shall also update the database upon expiration or termination of the order.

Copy link
II.

A neglected or abused child shall not be placed in an institution established for the care and rehabilitation of delinquent children, the youth development center or any institution where an adult is confined.

Copy link
III.

The court may at any time order the child, parents, guardian, custodian, or household member subject to the petition or ex parte order, to submit to a mental health evaluation, or undergo a physical examination or treatment, with a written assessment being provided to the court. The court may order that the child, who is the subject of the petition or the family or both be evaluated by a mental health center or any other psychiatrist, psychologist or psychiatric social worker or family therapist or undergo physical examination or treatment with a written assessment provided to the court. Evaluations performed at a facility providing child inpatient psychiatric treatment within the state mental health system may occur only upon receiving prior approval for such evaluation from the commissioner of the department of health and human services, or designee.

Copy link
IV.

If the child, the parent, guardian or custodian objects to the mental health evaluation, he shall object in writing to the court having jurisdiction within 5 days after notification of the time and place of said evaluation. The court shall hold a hearing to consider the objection prior to ordering said evaluation. Upon good cause shown, the court may excuse the child, the parent, guardian or custodian from the provisions of this section.

Copy link
V.

If an order is made on a person not before the court under subparagraph I(d)(1), it shall be served on such person by a law enforcement officer. A hearing to challenge an order may be requested in writing. The hearing shall be held within 5 days of the request. A request for a hearing shall not stay the effect of the order.

Copy link
VI.

When the party subject to the order has an obligation to support the child in question, the court may order such party to remain out of the residence of the child. When the party subject to the order has no duty to support the child and solely owns or leases the residence of the child, the court may order such party to remain out of the residence of the child for a period of no more than 30 days. Source. 1979, 361:2. 1985, 195:5. 1990, 3:47. 1994, 411:9-12. 1995, 310:182. 2005, 244:3, eff. Jan. 1, 2006. 2022, 272:46, eff. June 24, 2022.

Copy link

Source note

Source. 1979, 361:2. 1985, 195:5. 1990, 3:47. 1994, 411:9-12. 1995, 310:182. 2005, 244:3, eff. Jan. 1, 2006. 2022, 272:46, eff. June 24, 2022.

Source history

  • 1979, 361:2
  • 1985, 195:5
  • 1990, 3:47
  • 1994, 411:9-12
  • 1995, 310:182
  • 2005, 244:3, eff. Jan. 1, 2006
  • 2022, 272:46, eff. June 24, 2022

Related materials

Bill relationships

  • 2026 HB1099 reference

    l 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 by the spea

  • 2026 HB1267 reference · effective 2027-01-01

    children, youth and family services or law enforcement from questioning a minor student without parental notice if the question is part of a legitimate child welfare inquiry under RSA 169-C. 2 Effective Date. This act shall take effect January 1, 2027. HELPFUL LINKS Redistricting Information Ethics Committee Statutory/Study Committees Voting Records Past Member Legislation Driving Directions IT Help D

  • 2026 HB1268 reference · effective 2027-01-01

    ed pursuant to RSA 193-E:5. V. Participation in a home education program pursuant to this chapter shall be presumed as education required by law. Therefore in proceedings under RSA 169-C the state shall not: (a) Use such participation as evidence of, or as a basis for finding, failure to provide education as required by law; (b) Consider such participation in a home education program as a negative

  • 2026 HB1323 reference · effective 2027-01-01

    unjustified interference with parenting time. "Parental alienation" shall not include protective actions taken in good faith based on reasonable belief of abuse or neglect under RSA 169-C, a petition for a restraining order filed in good faith pursuant to RSA 458:16 or RSA 461-A:10, or a petition filed in good faith for a civil protection order pursuant to RSA 633:3-a or RSA 173-B. 2 Parental Rights an

  • 2026 HB1323-FN reference · effective 2027-01-01

    unjustified interference with parenting time. "Parental alienation" shall not include protective actions taken in good faith based on reasonable belief of abuse or neglect under RSA 169-C, a petition for a restraining order filed in good faith pursuant to RSA 458:16 or RSA 461-A:10, or a petition filed in good faith for a civil protection order pursuant to RSA 633:3-a or RSA 173-B. 2 Parental Rights an

  • 2026 HB1376 amend

    to authorize any other acts or omissions that meet the definition of "abused child" in subparagraph II(a). 2 New Section; Basis for Findings of Child Abuse; Exclusions. Amend RSA 169-C by inserting after section 6-b the following new section: 169-C:6-c Basis for Findings of Child Abuse; Exclusion. I. Parents or guardians raising a child consistent with their biological sex, referring to a chil

  • 2026 HB1564 related · effective 2027-01-01

    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 for clients

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

    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 for clients

  • 2026 HB1565 amend · effective 2026-07-01

    neglect under RSA 169-C:29 or for a person who knowingly files a false report of abuse or neglect. 2 New Sections; Child Abuse; Intentional False Report; Civil Liability. Amend RSA 169-C by inserting after section 31 the following new sections: 169-C:31-a Intentional False Report of Abuse or Neglect. A person is guilty of a misdemeanor if he or she knowingly provides false information or causes ano

  • 2026 HB1565-FN amend · effective 2026-07-01

    neglect under RSA 169-C:29 or for a person who knowingly files a false report of abuse or neglect. 2 New Sections; Child Abuse; Intentional False Report; Civil Liability. Amend RSA 169-C by inserting after section 31 the following new sections: 169-C:31-a Intentional False Report of Abuse or Neglect. A person is guilty of a misdemeanor if he or she knowingly provides false information or causes ano

  • 2026 HB1615 reference · effective 2027-01-01

    ivil court, including optional clauses related to education, medical decisions, or parenting agreements, provided they do not conflict with applicable law, including RSA 461-A and RSA 169-C. IV. No clause shall be construed to create or modify legal custody, visitation rights, or parental status unless adjudicated by a court of competent jurisdiction. V. The family division shall retain jurisdictio

  • 2026 HB1615-FN reference · effective 2027-01-01

    ivil court, including optional clauses related to education, medical decisions, or parenting agreements, provided they do not conflict with applicable law, including RSA 461-A and RSA 169-C. IV. No clause shall be construed to create or modify legal custody, visitation rights, or parental status unless adjudicated by a court of competent jurisdiction. V. The family division shall retain jurisdictio

Opinions and discipline decisions mentioning this RSA