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RSA 169-C:19 · Dispositional Hearing

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:19 Dispositional Hearing. – The department of health and human services shall provide the court with the costs of the recommended services, placements and programs. If the court finds that a child is abused or neglected or if the court issues a consent order pursuant to RSA 169-C:17, II, the court may order the following disposition:

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I.

The child may be permitted to remain with the parents, guardian, relative, or other custodian, subject to any or all of the following conditions:

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(a)

That the parents, guardian, relative, or custodian accept legal supervision by a child placing agency.

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(b)

That the parents, guardian, relative, or custodian, or the child, or both, accept individual or family therapy, or medical treatment.

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(c)

That the child attend a day care center.

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(d)

That a homemaker or parent aide be allowed to visit the home and assist the family.

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II.

(a) An order of protection may be issued setting forth conditions of behavior by a parent, relative, sibling, guardian, custodian or a household member. Such order may require any such person to:

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(1)

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

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(2)

Permit a parent or other named person to visit supervised or otherwise, or have contact with the child at stated periods and under such conditions as the court may order.

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(3)

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

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(4)

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

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(5)

Refrain from specified acts of commission or omission that make the home or contact with the child a harmful environment for the child.

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(b)

If an order is made affecting a person not before the court under subparagraph (a), 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.

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(c)

When the party subject to the order of protection 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. II-a. Notwithstanding RSA 169-C:25, a copy of each protective order issued pursuant to RSA 169-C:19, II(a)(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.

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III.

(a) Legal custody may be transferred to a child placing agency or relative provided, however, that no child shall be placed with a relative until a written social study of the relative's home, conducted by a child placing agency, is submitted to the court. Where a child is in an out-of-home placement, the court shall include in its order the concurrent plan for the child.

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(b)

If the child is placed out of state, the provisions of RSA 170-A shall be followed.

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IV.

The court may order any parent, guardian, relative, custodian, household member, or child to undergo individual or family therapy, or medical treatment.

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V.

If the judge orders services, placements, or programs different from the recommendations of the department, the judge shall include a statement of the costs of the services, placements and programs so ordered.

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VI.

Prior to any placement which will require educational services outside the child's home school district, the court shall notify the school district and give the district the opportunity to send a representative to the hearing at which such placement is contemplated. At such hearing the court shall consider the recommendations of the school district and if such an out-of-district placement is ordered the court shall make written findings that describe the reasons for the placement. Source. 1979, 361:2. 1994, 411:14. 1995, 308:69, 70; 310:175, 181. 1998, 203:3. 2002, 152:2. 2005, 244:4. 2007, 236:14, eff. Jan. 1, 2008; 295:4, eff. Sept. 11, 2007.

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Source note

Source. 1979, 361:2. 1994, 411:14. 1995, 308:69, 70; 310:175, 181. 1998, 203:3. 2002, 152:2. 2005, 244:4. 2007, 236:14, eff. Jan. 1, 2008; 295:4, eff. Sept. 11, 2007.

Source history

  • 1979, 361:2
  • 1994, 411:14
  • 1995, 308:69, 70; 310:175, 181
  • 1998, 203:3
  • 2002, 152:2
  • 2005, 244:4
  • 2007, 236:14, eff. Jan. 1, 2008; 295:4, eff. Sept. 11, 2007

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