RSA 169-F:6 · Order of Preference of Out-of-Home Placement

169-F:6 Order of Preference of Out-of-Home Placement. – For any out-of-home placements made under this chapter, the court shall enter an order regarding the placement of the child, in the following order of preference:

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I.

If remaining in the care of the child's parent or legal guardian is determined to be contrary to the welfare of the child, to secure placement:

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(a)

With a related adult or with kin as defined in RSA 170-E:25, VIII; or

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(b)

Within the child's community of origin, with kin or in a licensed foster home setting, with preference given to a licensed foster home with whom the child has a pre-existing relationship; or

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(c)

In a licensed foster home outside of the child's community of origin, with preference given to a licensed foster home with whom the child has a pre-existing relationship, and/or in a foster home that can provide intensive (ISO) services designed to meet the specific needs of the child; and

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(1)

The department of health and human services and the department of education shall make every attempt to arrange for the child to continue to attend their school of origin, making special transportation arrangements when necessary; and

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(2)

The department of health and human services shall ensure that the child is able to maintain their connections with their community of origin, including important relationships and activities; and

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II.

Only if placements described under paragraph I are not appropriate for the child due to an inability to maintain safety in the community, may alternative placements be considered, such as group or residential care as defined in RSA 170-E:25 or certified by the department for the care of children placed pursuant to RSA 169-C, or in any state-operated treatment program, that meet the specific needs of that child, and that are not available in that child's community of origin; and

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(a)

If the child is placed in a group or residential facility, such placement shall be for a limited time and with frequent review, pursuant to RSA 169-F:8 with the goal to return the child home or to a family setting in the community of origin as quickly as possible.

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(b)

The court determines that the needs of the child cannot be met by kin or in a foster family home. Neither the shortage or lack of foster family homes nor the lack of community-based resources as expressed by the department shall be acceptable reasons for determining that the needs of the child cannot be met in a family setting. Nonetheless, if there is no kin or licensed foster home available at the time the court is ordering placement of the child, the court may order the best available temporary placement while the department of health and human services prioritizes locating a preferred placement. Source. 2024, 377:6, eff. Jan. 1, 2025.

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