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RSA 169-D:12 · Appointment of Counsel; Waiver of Counsel

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:12 Appointment of Counsel; Waiver of Counsel. –

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I.

Absent a valid waiver, the court shall appoint counsel for the child at the time of the initial appearance. If the court believes that the minor has a cognitive, emotional, learning, or sensory disability, the court shall require the minor to consult with counsel.

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II.

The court may accept a waiver of counsel from a child alleged to be in need of services only when:

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(a)

The parent, guardian, or custodian did not file the petition;

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(b)

Both the child and parent, guardian, or custodian agree to waive counsel;

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(c)

In the court's opinion, the waiver is made competently, voluntarily, and with full understanding of the consequences; and

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(d)

The petition does not allege that the child is in need of services pursuant to RSA 169-D:2, II(d).

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III.

Whenever the court places the child outside his or her home, the court shall ensure that the child is continuously represented by counsel until the case is closed pursuant to RSA 169-D:3, III. Appointment of counsel pursuant to this paragraph shall be made at a time sufficiently in advance of the decision to place the child outside the home to allow counsel to provide effective representation on the issue of placement. Source. 1979, 361:2. 1995, 308:78. 1996, 248:4. 2008, 274:13, eff. July 1, 2008. 2020, 26:33, eff. July 1, 2020; 26:34, eff. July 1, 2021.

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Source note

Source. 1979, 361:2. 1995, 308:78. 1996, 248:4. 2008, 274:13, eff. July 1, 2008. 2020, 26:33, eff. July 1, 2020; 26:34, eff. July 1, 2021.

Source history

  • 1979, 361:2
  • 1995, 308:78
  • 1996, 248:4
  • 2008, 274:13, eff. July 1, 2008
  • 2020, 26:33, eff. July 1, 2020; 26:34, eff. July 1, 2021

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-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

  • 2026 SB524 amend · effective 2027-01-01

    destroyed. 7 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 SB524-FN amend · effective 2027-01-01

    destroyed. 7 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

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