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RSA 169-D:18-a · Determination of Competence

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:18-a Determination of Competence. –

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At any point during the proceedings, the court may, either on its own motion or that of any of the parties, order the child to submit to a mental health evaluation for the purpose of determining whether the child is competent to have committed the offenses or acts alleged in the petition. The evaluation shall be completed within 60 days of the date of such order and shall be conducted by an agency which is approved by the commissioner of health and human services, or conducted by a psychologist licensed in New Hampshire or a qualified psychiatrist, or by a facility providing child inpatient psychiatric treatment within the state mental health system only upon receiving prior approval for admission of the child for such evaluation by the commissioner of the department of health and human services. The evaluation shall be submitted to the court in writing prior to the hearing on the merits.

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II.

The court shall inform the child of his right to object to the evaluation; if he does object, he shall do so in writing to the court within 5 days of the court's order for the evaluation. The court shall hold a hearing to consider the objection, and may, for good cause, excuse the child from the evaluation.

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III.

Whenever such an evaluation has been made previously for consideration at a prior proceeding, it shall be jointly reviewed by the court and the evaluating agency before the case is heard. The evaluator shall keep records of having conducted the evaluation, but no reports or records shall be made available, other than to the court and parties, except upon the written consent of the child or his legal representative, parent or guardian or pursuant to RSA 169-B:35. Source. 1990, 201:13. 1994, 212:2. 1995, 310:182. 1998, 234:6, eff. Oct. 31, 1998. 2020, 26:27, eff. July 1, 2020. 2022, 272:50, eff. June 24, 2022.

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Source note

Source. 1990, 201:13. 1994, 212:2. 1995, 310:182. 1998, 234:6, eff. Oct. 31, 1998. 2020, 26:27, eff. July 1, 2020. 2022, 272:50, eff. June 24, 2022.

Source history

1990, 201:13
1994, 212:2
1995, 310:182
1998, 234:6, eff. Oct. 31, 1998
2020, 26:27, eff. July 1, 2020
2022, 272:50, eff. June 24, 2022

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Bill relationships

2026 HB1099 reference
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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

Opinions and discipline decisions mentioning this RSA

2008-705, IN RE KOTEY M. Supreme Court opinion · February 18, 2009
2005-212, IN RE JUVENILE 2005-212 Supreme Court opinion · January 26, 2007