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RSA 169-C:8 · Issuance of Summons and Notice

Title
XII: PUBLIC SAFETY AND WELFARE
Chapter
169-C · CHILD PROTECTION ACT
Status
current
Official source linked
Yes
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169-C:8 Issuance of Summons and Notice. –

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I.

After a petition has been filed or an ex parte order issued, the court shall issue a summons to all persons named in the petition to be served by a law enforcement officer personally, or if personal service is not possible, at their usual place of abode. Such summons shall require the person or persons having custody or control of the child to appear personally, unless otherwise ordered, before the court at a time and place set for a preliminary hearing, which shall not be less than 24 hours nor more than 7 days after return of service of the petition. I-a. If the location of the parent or parents is unknown as set forth in an affidavit filed with the court in which the petitioner describes its efforts to locate the parent or parents, the court may, upon request of the petitioner, order the petitioner to provide notice by publication once a week for 2 successive weeks in a newspaper of general circulation where that person was last domiciled or by certified mail at the last known address. Notwithstanding the time limits in paragraph I, if service by publication is ordered, the preliminary hearing should not be later than 40 days from the date the petition is filed and no sooner than 7 days from the last date of publication. The need for service by publication shall constitute extraordinary circumstances to extend the time for an adjudicatory hearing, pursuant to RSA 169-C:15, III(d).

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II.

A copy of the petition shall be attached to each summons or incorporated therein.

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III.

The summons shall contain a notice that the child shall have a guardian ad litem, appointed by the court. The summons shall also state as follows: "With limited exception, the department of health and human services shall be responsible for the cost of services provided under this chapter. RSA 186-C regarding children with disabilities grants children and their parents certain rights to services from school districts at public expense and to appeal school district decisions regarding services to be provided."

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IV.

The summons shall also contain a description and explanation of the proceedings and a statement of the rights of the person or persons summoned, under this chapter, RSA 170-C, and under the rules of court. Source. 1979, 361:2. 1983, 458:8. 1990, 140:2, X. 1991, 214:1. 1994, 411:7. 1995, 308:65. 2007, 236:10. 2008, 274:31, eff. July 1, 2008. 2020, 26:20, eff. July 1, 2020. 2022, 272:13, eff. Jan. 1, 2023.

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Source note

Source. 1979, 361:2. 1983, 458:8. 1990, 140:2, X. 1991, 214:1. 1994, 411:7. 1995, 308:65. 2007, 236:10. 2008, 274:31, eff. July 1, 2008. 2020, 26:20, eff. July 1, 2020. 2022, 272:13, eff. Jan. 1, 2023.

Source history

  • 1979, 361:2
  • 1983, 458:8
  • 1990, 140:2, X
  • 1991, 214:1
  • 1994, 411:7
  • 1995, 308:65
  • 2007, 236:10
  • 2008, 274:31, eff. July 1, 2008
  • 2020, 26:20, eff. July 1, 2020
  • 2022, 272:13, eff. Jan. 1, 2023

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