In re C.C.
Annotate this CaseThe New Hampshire Division for Children, Youth and Families (DCYF) appealed a circuit court order that dismissed a neglect petition brought against the respondent. DCYF argued the circuit court erred by: (1) relying upon criminal definitions of sexual assault and grooming; and (2) disregarding conduct that the child did not personally observe. Further, DCYF argued the evidence compelled a finding of neglect by the circuit court. After review, the New Hampshire Supreme Court concluded the circuit court committed legal error by basing its neglect determination, in part, upon whether the respondent’s conduct was criminal. Accordingly, the judgment was vacated and the case remanded. In addition, because the issue was likely to arise on remand, the Court clarified that RSA chapter 169-C did not require that a child personally observe conduct in order for a court to consider that conduct when determining neglect.
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