2015 New Hampshire Revised Statutes
Title XII - PUBLIC SAFETY AND WELFARE
Chapter 169-D - CHILDREN IN NEED OF SERVICES
Section 169-D:11 - Initial Appearance.

NH Rev Stat § 169-D:11 (2015) What's This?

    169-D:11 Initial Appearance. –
    I. An initial appearance shall be held not less than 24 hours nor more than 7 days from the filing of a legally sufficient petition.
    II. At the initial appearance, the court shall:
       (a) Advise the child in writing and orally of any formal charges;
       (b) Appoint counsel pursuant to RSA 169-D:12;
       (c) Establish any conditions for release;
       (d) Set a hearing date; and
       (e) Inquire of the child and a parent or guardian of the child if the child has been:
          (1) Determined to have an intellectual disability;
          (2) Determined to have a mental illness, emotional or behavioral disorder, or another disorder that may impede the child's decision-making abilities; or
          (3) Identified as eligible for special education services.
    II-a. However, no plea shall be taken until the child has had the opportunity to consult with counsel or until a waiver is filed pursuant to RSA 169-D:12.
    III. After hearing, the court may, with the consent of the child, dispose of the petition by ordering the child to participate in a court approved diversion program or other intervention program.

Source. 1979, 361:2. 2010, 175:6. 2013, 249:10, eff. Sept. 1, 2013. 2014, 271:1, eff. July 28, 2014.


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