Live Free or Die Legal
This website is not an official source of law. This website does not provide legal advice. For official legal materials, verify against the relevant court, legislature, agency, or other official source. Legal information may be incomplete, outdated, or incorrectly processed. Consult a qualified attorney for advice about a specific legal matter.

This RSA section is an unofficial mirror, is not legal advice, and may be incomplete, outdated, or incorrectly processed.

RSA 169-D:5 · Petition

Title
XII: PUBLIC SAFETY AND WELFARE
Chapter
169-D · CHILDREN IN NEED OF SERVICES
Status
current
Official source linked
Yes
Official source Copy section link

169-D:5 Petition. –

Copy link
I.

(a) A petition alleging that a child is in need of services under RSA 169-D:2, II(a) may be filed by a truant officer or school official from the school district where the child is attending school with a judge or clerk of the court in the judicial district where the child is found or resides. In accordance with RSA 189:36, II, a truant officer or school official shall not file a petition alleging that a child is in need of services under RSA 169-D:2, II(a) until all steps in the school district's intervention process under RSA 189:34, II have been followed.

Copy link
(b)

A petition alleging that a child is in need of services under RSA 169-D:2, II(b) or RSA 169-D:2, II(c) may be filed by a parent, legal guardian or custodian, school official, or law enforcement officer with a judge or clerk of the court in the judicial district in which the child is found or resides.

Copy link
(c)

A petition alleging that a child is in need of services under RSA 169-D:2, II(d) may, with the consent of the department, be filed by a parent, legal guardian or custodian, school official, or law enforcement officer with a judge or clerk of the court in the judicial district in which the child is found or resides. I-a. The petition shall be in writing and verified under oath. The following notice shall be printed on the front of the petition in bold in no smaller than 14 point font size: "See back for important information and financial obligations." The back of the petition shall include the following notice: "If you have private insurance coverage, you may be required to cooperate with your insurance carrier and assign benefits to the department of health and human services for covered services provided to your child or family in this proceeding.

Copy link
II.

To be legally sufficient, the petition must set forth with particularity, but not be limited to, the date, time, manner and place of the conduct alleged and should state the statutory provision alleged to have been violated. II-a. Any petition filed shall include language demonstrating whether appropriate voluntary services have been attempted, the nature of voluntary services attempted, and the reason court compulsion is necessary. The petition also shall include information regarding the department's determination as to whether voluntary services are appropriate for the child or family under RSA 169-D:5-c. Refusal of the child to participate in the development of a voluntary family services plan may constitute sufficient information that voluntary service and support options have been unsuccessful.

Copy link
III.

If the parents of a child are filing the petition, they shall include information which shows that the child and family have sought to resolve the expressed problem through available community alternatives, that the problem still remains, and that court intervention is needed.

Copy link
IV.

[Repealed.]

Copy link
V.

Except as provided in paragraph VI, when a school official is filing the petition, information shall be included which shows that the legally liable school district has sought to resolve the expressed problem through available educational approaches, that the school district has sought to engage the parents or guardian in solving the problem but they have been unwilling or unable to do so; that the problem remains, and that court intervention is needed.

Copy link
VI.

When a school official is filing a petition involving a child with a disability pursuant to RSA 186-C, he or she shall include information which demonstrates that the legally liable school district:

Copy link
(a)

Has determined that the child has a disability; and

Copy link
(b)

Has reviewed for appropriateness the child's current individualized education program (IEP) and placement, and has made modifications where appropriate.

Copy link
VII.

Using local law enforcement personnel, the court shall serve both parents, and any other individual chargeable by law for the child's support, with a copy of any petition filed under this section. The court shall request the appropriate contact information from the party filing the petition.

Copy link
VIII.

The department shall develop a brochure that describes the department's responsibility for the cost of services provided under this chapter. The brochure shall include a statement that the department may require a parent or guardian to assign insurance benefits to the department for services provided under this chapter. The brochure shall also clarify that the legally liable school district is responsible for any special education costs. The brochure shall be available to the public and shall be distributed at the earliest available opportunity to parents and others responsible for the minor's support who are requesting or receiving voluntary or court ordered services. The department also shall provide its case workers with information and training on the requirements of this chapter. Source. 1979, 361:2. 1989, 285:7. 1990, 201:9. 1995, 308:75. 1999, 266:4. 2006, 291:1, 2. 2008, 274:11. 2009, 302:2. 2011, 224:280. 2012, 110:1, II. 2013, 249:4, 5, eff. Sept. 1, 2013. 2014, 57:1, 3, eff. Jan. 1, 2015. 2019, 196:1, 4, eff. Sept. 8, 2019. 2020, 26:22, 23, eff. July 1, 2020.

Copy link

Source note

Source. 1979, 361:2. 1989, 285:7. 1990, 201:9. 1995, 308:75. 1999, 266:4. 2006, 291:1, 2. 2008, 274:11. 2009, 302:2. 2011, 224:280. 2012, 110:1, II. 2013, 249:4, 5, eff. Sept. 1, 2013. 2014, 57:1, 3, eff. Jan. 1, 2015. 2019, 196:1, 4, eff. Sept. 8, 2019. 2020, 26:22, 23, eff. July 1, 2020.

Source history

  • 1979, 361:2
  • 1989, 285:7
  • 1990, 201:9
  • 1995, 308:75
  • 1999, 266:4
  • 2006, 291:1, 2
  • 2008, 274:11
  • 2009, 302:2
  • 2011, 224:280
  • 2012, 110:1, II
  • 2013, 249:4, 5, eff. Sept. 1, 2013
  • 2014, 57:1, 3, eff. Jan. 1, 2015
  • 2019, 196:1, 4, eff. Sept. 8, 2019
  • 2020, 26:22, 23, eff. July 1, 2020

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

Opinions and discipline decisions mentioning this RSA