2012 New Hampshire Revised Statutes
Title XII - PUBLIC SAFETY AND WELFARE
Chapter 169-D - CHILDREN IN NEED OF SERVICES
Section 169-D:5 - Petition.


NH Rev Stat § 169-D:5 (2012) What's This?

    169-D:5 Petition. –
    I. A petition alleging a child is in need of services 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. 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 a notice of liability for parents and other individuals chargeable by law for the child's support and necessities.
    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.
    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.
    IV. [Repealed.]
    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.
    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:
       (a) Has determined that the child has a disability; and
       (b) Has reviewed for appropriateness the child's current individualized education program (IEP) and placement, and has made modifications where appropriate.
    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.

Source. 1979, 361:2. 1989, 285:7. 1990, 201:9. 1995, 308:75. 1999, 266:4, eff. Sept. 10, 1999. 2006, 291:1, 2, eff. Sept. 13, 2006. 2008, 274:11, eff. July 1, 2008. 2009, 302:2, eff. July 31, 2009. 2011, 224:280, eff. Sept. 30, 2011. 2012, 110:1, II, eff. May 29, 2012.


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