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RSA 169-C:6-a · Emergency Interim Relief

Title
XII: PUBLIC SAFETY AND WELFARE
Chapter
169-C · CHILD PROTECTION ACT
Status
current
Official source linked
Yes
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169-C:6-a Emergency Interim Relief. –

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I.

If a child is found by a child protection services worker of the department to be in imminent danger in such circumstances or surroundings and where immediate removal appears necessary to protect the child from such imminent danger, the department's child protection services worker shall contact the court for an ex parte order to remove the child. Prior to any order authorizing foster placement, the child protective services worker shall inform the judge of efforts to locate any non-custodial parent or other relatives for temporary placement.

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II.

The department or law enforcement officer requesting an ex parte order shall, to the extent known, present in person or by telephone, either orally under oath or by sworn written affidavit, the following information:

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(a)

A statement of the specific danger requiring either immediate placement of the child or removal of the alleged perpetrator.

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(b)

The time, place, and manner in which the child was removed from danger, if relevant.

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(c)

If the child was removed prior to the court order, a brief statement why it was not possible to obtain the order prior to removal.

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(d)

Why there is not sufficient time to notify the parent, guardian, or custodian prior to the order.

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(e)

The names and addresses of custodial parents, non-custodial parents, legal custodians, other legal guardians of the child, and any other person responsible for the welfare of the child at the time of removal.

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(f)

When removal of the child is requested, those alternatives to foster care which were considered, such as removal of the alleged perpetrator, or placement of the child with relatives or others with whom the child is familiar.

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III.

Whenever a petition is filed for abuse or neglect with or prior to the request for ex parte relief, the request need not repeat information included in the petition.

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IV.

If the court finds reasonable cause to believe that the child is in such circumstances or surroundings as would present an imminent danger to the child's health or life, the court shall issue such ex parte orders as are necessary to protect the child and shall set the matter for hearing no later than 5 days from the date of the ex parte orders, excluding Saturdays, Sundays, and holidays.

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V.

If the court issues an ex parte order based upon oral testimony provided by the department, the department shall submit a written affidavit supporting the department's request for ex parte relief on the next business day.

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VI.

If the court issues ex parte orders, the department or law enforcement officer shall file a petition meeting the requirements of RSA 169-C:7 within 72 hours of the issuance of the orders, excluding Saturdays, Sundays, and holidays. Source. 1994, 411:4. 1995, 310:175. 2002, 180:1, eff. July 14, 2002. 2016, 200:1, eff. Aug. 5, 2016.

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Source note

Source. 1994, 411:4. 1995, 310:175. 2002, 180:1, eff. July 14, 2002. 2016, 200:1, eff. Aug. 5, 2016.

Source history

  • 1994, 411:4
  • 1995, 310:175
  • 2002, 180:1, eff. July 14, 2002
  • 2016, 200:1, eff. Aug. 5, 2016

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