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RSA 169-D:2 · Definitions

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:2 Definitions. – In this chapter:

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I.

"Child" means a person who is under the age of 18 on the date the petition is filed pursuant to RSA 169-D:5.

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II.

"Child in need of services" means a child under the age of 18:

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(a)

Who is subject to compulsory school attendance, and who is habitually, willfully, and without good and sufficient cause truant from school;

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(b)

Who habitually runs away from home, or who repeatedly disregards the reasonable and lawful commands of his or her parents, guardian, or custodian and places himself or herself or others in unsafe circumstances;

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(c)

Who has exhibited willful repeated or habitual conduct constituting offenses which would be violations under the criminal code of this state if committed by an adult or, if committed by a person 16 years of age or older, would be violations under the motor vehicle code of this state; or

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(d)

With a diagnosis of severe emotional, cognitive, or other mental health issues who engages in aggressive, fire setting, or sexualized behaviors that pose a danger to the child or others and who is otherwise unable or ineligible to receive services under RSA 169-B or RSA 169-C; and

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(e)

Is expressly found to be in need of care, guidance, counseling, discipline, supervision, treatment, or rehabilitation.

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III.

"Conditional release" means a legal status created by a court order following an adjudication that a child is a child in need of services and shall be permitted to remain in the community, including his or her home, subject to:

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(a)

The conditions and limitations of his or her conduct prescribed by the court.

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(b)

Such counseling and treatment as are deemed necessary, pursuant to methods and counseling prescribed by the court, for the minor and his or her family.

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(c)

The supervision of juvenile probation and parole officers as authorized by RSA 170-G:16.

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(d)

Return to the court for violation of the conditions of the release and change of the disposition at any time during the term of the conditional release.

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IV.

"Court" means the district court, unless otherwise indicated.

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V.

"Custody" means a legal status created by court order wherein the department of health and human services has placement and care responsibility for the child.

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VI.

"Diversion" means a decision made by a person with authority which results in providing an individually designed program for delivery of services for the child by a specific provider, or a plan to assist the child in finding a remedy for his or her inappropriate behavior. The goal of diversion is to prevent further involvement of the child in the formal legal system. Diversion of a child may take place either at pre-filing as an alternative to the filing of a petition or at any time after the filing of the petition.

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VII.

"Home detention" means court-ordered confinement of a minor with his or her parents or other specified home for 24 hours a day unless otherwise prescribed by written court order, under which the minor is permitted out of the residence only at such hours and in the company of persons specified in the court order establishing the home detention.

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VIII.

"Restitution" means moneys, compensation, work, or service which is reimbursed by the offender to the victim who suffered personal injury or economic loss.

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IX.

"Services" means care, guidance, counseling, discipline, supervision, treatment and rehabilitation or any combination thereof.

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X.

"Concurrent plan" means an alternate permanency plan in the event that a minor cannot be safely reunified with his or her parents.

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XI.

"Out-of-home placement" means when a minor, as the result of a delinquent petition, is removed from a biological parent, adoptive parent, or legal guardian of the minor and placed in substitute care with someone other than a biological parent, adoptive parent, or legal guardian. Such substitute care may include placement with a custodian, guardian, relative, friend, fictive kin, group home, crisis home, shelter care, foster home, as defined in RSA 169-C:3, XIII, 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.

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XII.

"Permanency hearing" means a court hearing for a minor in an out-of-home placement to review, modify, and/or implement the permanency plan or adopt the concurrent plan.

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XIII.

"Permanency plan" means a plan for a minor in an out-of-home placement that is adopted by the court and that provides for timely reunification, termination of parental rights or parental surrender when an adoption is contemplated, guardianship with a fit and willing relative or another appropriate party, or another planned permanent living arrangement. XIII-a. "Psychotropic medication" means a drug prescribed by a licensed medical practitioner, to treat illnesses that affect psychological functioning, perception, behavior, or mood. XIII-b. "Medication restraint" means the involuntary administration of any medication, including a psychotropic medication, for the purpose of immediate control of behavior.

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XIV.

"Shelter care facility" means a non-secure or staff-secure facility for the temporary care of children who are at least 11 and under 18 years of age. Shelter care facilities may be utilized for children prior to or following adjudication or disposition. A shelter care facility may not be operated in the same building as a facility for architecturally secure confinement of children or adults.

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XV.

"Truant" means a child between the ages of 6 and 18 years who is either not attending school as required by law or who is not participating in an alternative learning plan under RSA 193:1. "Truancy" shall have the same meaning as in RSA 189:35-a. Source. 1979, 361:2. 1987, 402:10. 1989, 285:5, 6. 1990, 201:7, 8. 1995, 308:74. 1999, 266:3. 2000, 294:10. 2007, 236:18; 325:11. 2011, 224:279. 2013, 249:2, 3, eff. Sept. 1, 2013; 249:18, eff. Sept. 22, 2013. 2021, 182:5, eff. Jan. 1, 2022. 2024, 42:7, eff. July 30, 2024; 88:6, eff. June 14, 2024.

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Source note

Source. 1979, 361:2. 1987, 402:10. 1989, 285:5, 6. 1990, 201:7, 8. 1995, 308:74. 1999, 266:3. 2000, 294:10. 2007, 236:18; 325:11. 2011, 224:279. 2013, 249:2, 3, eff. Sept. 1, 2013; 249:18, eff. Sept. 22, 2013. 2021, 182:5, eff. Jan. 1, 2022. 2024, 42:7, eff. July 30, 2024; 88:6, eff. June 14, 2024.

Source history

  • 1979, 361:2
  • 1987, 402:10
  • 1989, 285:5, 6
  • 1990, 201:7, 8
  • 1995, 308:74
  • 1999, 266:3
  • 2000, 294:10
  • 2007, 236:18; 325:11
  • 2011, 224:279
  • 2013, 249:2, 3, eff. Sept. 1, 2013; 249:18, eff. Sept. 22, 2013
  • 2021, 182:5, eff. Jan. 1, 2022
  • 2024, 42:7, eff. July 30, 2024; 88:6, 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 HB1160 reference · effective 2026-04-22

    ursement of said funds under RSA 167:18-a. [(b) State responsibility for court-ordered expenses for services or treatment provided to minors under RSA 169-B:40, RSA 169-C:27, and RSA 169-D:29.] 30:3 Effective Date. This act shall take effect 60 days after its passage. Approved: April 22, 2026 Effective Date: June 21, 2026 HELPFUL LINKS Redistricting Information Ethics Committee Statutory/Study Commi

  • 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 amend · effective 2026-01-01

    all appeals under this chapter, including appeals in proceedings before the [family division of the courts] superior court. 21 Children in Need of Services; Definitions. Amend RSA 169-D:2, IV to read as follows: IV. "Court" means the superior [district] court, unless otherwise indicated. 22 Review of Dispositional Orders in Juvenile Cases; Application for Review. Amend RSA 169-G:2, I to read as foll

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

    all appeals under this chapter, including appeals in proceedings before the [family division of the courts] superior court. 21 Children in Need of Services; Definitions. Amend RSA 169-D:2, IV to read as follows: IV. "Court" means the superior [district] court, unless otherwise indicated. 22 Review of Dispositional Orders in Juvenile Cases; Application for Review. Amend RSA 169-G:2, I to read as foll

  • 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

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