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RSA 169-D:10 · Release Prior to Initial Appearance

Title
XII: PUBLIC SAFETY AND WELFARE
Chapter
169-D · CHILDREN IN NEED OF SERVICES
Status
current
Official source linked
Yes
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169-D:10 Release Prior to Initial Appearance. –

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I.

An officer taking a child into custody pursuant to RSA 169-D:8 shall release the child to a parent, guardian or custodian pending initial appearance; however, if a parent, guardian or custodian is not available upon taking the child into custody, the court shall be notified, thereupon the child's release shall be determined by the court.

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II.

Pending the initial appearance, the court shall release the child to one of the following, which in the court's opinion is the least restrictive and most appropriate:

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(a)

A parent or guardian;

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(b)

A relative or suitable adult;

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(c)

Where there are reasonable grounds to believe that the child is a runaway under RSA 169-D:2, II(b) or that the child is a child in need of services under RSA 169-D:2, II(d), the custody of department of health and human services for placement with fictive kin or in a foster home, as defined in RSA 169-C:3, XIII, a group home, a crisis home, a shelter care facility, or a child care institution, psychiatric residential treatment program, or a program otherwise certified by the commissioner of the department of health and human services or his or her designee, with expenses chargeable as provided in RSA 169-D:29; or

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(d)

[Repealed.]

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(e)

An alcohol crisis center certified to accept juveniles.

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III.

Where there are reasonable grounds to believe that the child is a runaway under RSA 169-D:2, II(b) or that the child is a child in need of services under RSA 169-D:2, II(d) and there is no shelter care/detention bed available, nor an appropriate parent, guardian, or custodian as defined in paragraph II of this section available, the court or the officer taking the child into temporary custody shall notify the department. If the child cannot be referred to an alternative to secure detention, the court shall make an order authorizing the department to place the child. The department shall then promptly arrange for placement of the child. Source. 1979, 361:2. 1982, 39:15. 1988, 197:13. 1989, 285:8. 1995, 310:175. 2001, 117:6. 2007, 325:12, 15, III. 2013, 249:9, eff. Sept. 1, 2013. 2024, 88:7, eff. June 14, 2024.

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Source note

Source. 1979, 361:2. 1982, 39:15. 1988, 197:13. 1989, 285:8. 1995, 310:175. 2001, 117:6. 2007, 325:12, 15, III. 2013, 249:9, eff. Sept. 1, 2013. 2024, 88:7, eff. June 14, 2024.

Source history

  • 1979, 361:2
  • 1982, 39:15
  • 1988, 197:13
  • 1989, 285:8
  • 1995, 310:175
  • 2001, 117:6
  • 2007, 325:12, 15, III
  • 2013, 249:9, eff. Sept. 1, 2013
  • 2024, 88:7, eff. June 14, 2024

Related materials

Bill relationships

  • 2026 HB1099 reference

    vices 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 speaker of the hous

  • 2026 HB1315 amend · effective 2027-01-01

    t convened: 1 New Paragraphs; Minors; Tobacco Violations. Amend RSA 126-K:6 by inserting after paragraph III the following new paragraphs: IV. Notwithstanding RSA 169-B and RSA 169-D, a person 12 years of age and older who violates this section shall not be considered a delinquent or a child in need of services. V. Any person who has not attained 21 years of age who violates this section shall be g

  • 2026 HB1564 related · effective 2027-01-01

    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 in the sta

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

    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 in the sta

  • 2026 HB652 reference · effective 2026-01-01

    -C, relating to abused and neglected children except for concurrent jurisdiction with the circuit court to enter orders under RSA 169-C:6, VI and RSA 169-C:6-a. V. Actions under RSA 169-D, relating to children in need of services except for concurrent jurisdiction with the circuit court to enter orders under RSA 169-D:8, I, RSA 169-D:9-a, and RSA 169-D:10. VI. Actions under RSA 173-B, relating to prote

  • 2026 HB652 reference · effective 2026-01-01

    ctions under RSA 169-D, relating to children in need of services except for concurrent jurisdiction with the circuit court to enter orders under RSA 169-D:8, I, RSA 169-D:9-a, and RSA 169-D:10. VI. Actions under RSA 173-B, relating to protection of persons from domestic violence except for concurrent jurisdiction with the circuit court to enter temporary protective orders under RSA 173-B:4. VII. The change

  • 2026 HB652-FN reference · effective 2026-01-01

    ctions under RSA 169-D, relating to children in need of services except for concurrent jurisdiction with the circuit court to enter orders under RSA 169-D:8, I, RSA 169-D:9-a, and RSA 169-D:10. VI. Actions under RSA 173-B, relating to protection of persons from domestic violence except for concurrent jurisdiction with the circuit court to enter temporary protective orders under RSA 173-B:4. VII. The change

  • 2026 HB652-FN reference · effective 2026-01-01

    -C, relating to abused and neglected children except for concurrent jurisdiction with the circuit court to enter orders under RSA 169-C:6, VI and RSA 169-C:6-a. V. Actions under RSA 169-D, relating to children in need of services except for concurrent jurisdiction with the circuit court to enter orders under RSA 169-D:8, I, RSA 169-D:9-a, and RSA 169-D:10. VI. Actions under RSA 173-B, relating to prote

  • 2026 HB709 reference · effective 2026-07-01

    or school attendance purposes shall be as stated in the order. If a child is in a court-ordered residential placement, foster home, or group home pursuant to RSA 169-B, RSA 169-C, RSA 169-D, RSA 170-C, or RSA 463, residence shall be determined in accordance with RSA 193:28. (B) Nothing in this subparagraph shall require a school district to provide transportation for a child to another school in the schoo

  • 2026 HB709-FN reference · effective 2026-07-01

    or school attendance purposes shall be as stated in the order. If a child is in a court-ordered residential placement, foster home, or group home pursuant to RSA 169-B, RSA 169-C, RSA 169-D, RSA 170-C, or RSA 463, residence shall be determined in accordance with RSA 193:28. (B) Nothing in this subparagraph shall require a school district to provide transportation for a child to another school in the schoo

  • 2026 SB142 reference · effective 2026-01-01

    The interstate compact for juveniles under RSA 169-A. (b) Delinquent children under RSA 169-B. (c) Child protection under RSA 169-C. (d) Children in need of services under RSA 169-D. (e) Missing children under RSA 169-E. (f) Court ordered placements under RSA 169-F. (g) Review of dispositional orders in juvenile cases under RSA 169-G. (h) The interstate compact on the placement of children

  • 2026 SB142-FN reference · effective 2026-01-01

    The interstate compact for juveniles under RSA 169-A. (b) Delinquent children under RSA 169-B. (c) Child protection under RSA 169-C. (d) Children in need of services under RSA 169-D. (e) Missing children under RSA 169-E. (f) Court ordered placements under RSA 169-F. (g) Review of dispositional orders in juvenile cases under RSA 169-G. (h) The interstate compact on the placement of children

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