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2017 New Hampshire Revised Statutes
Title XII - PUBLIC SAFETY AND WELFARE
Chapter 169-D - CHILDREN IN NEED OF SERVICES
Section 169-D:13 - Release Pending Adjudicatory Hearing.
Universal Citation: NH Rev Stat § 169-D:13 (2017)
169-D:13 Release Pending Adjudicatory Hearing. –
I. Following the initial appearance, a child alleged to be in need of services may be ordered by the court subject to such conditions as the court may order, to be:
(a) Retained in the custody of a parent, guardian, or custodian; or
(b) Released in the supervision and care of a relative; or
(c) Where the petition alleges that the child is a habitual runaway under RSA 169-D:2, II(b) or that the child is a child in need of services under RSA 169-D:2, II(d), released to the custody of the department of health and human services for placement in a foster home, as defined in RSA 169-C:3, XIII, a group home, a crisis home, or a shelter care facility with expenses chargeable as provided in RSA 169-D:29.
(d) [Repealed.]
I-a. Where the petition alleges that the child is a habitual truant under RSA 169-D:2, II(a), that the child repeatedly disregards the reasonable and lawful commands of his or her parents, guardian, or custodian under RSA 169-D:2, II(b), or that the child repeatedly or habitually engages in conduct that constitutes violation level offenses under RSA 169-D:2, II(c), the court shall not order the out-of-home placement of the child.
II. The adjudicatory hearing shall be held within 21 days of the initial appearance.
III. All orders issued pursuant to this section shall set forth the findings as to the form of release or any conditions in writing and shall state any custody provisions under paragraph I.
I. Following the initial appearance, a child alleged to be in need of services may be ordered by the court subject to such conditions as the court may order, to be:
(a) Retained in the custody of a parent, guardian, or custodian; or
(b) Released in the supervision and care of a relative; or
(c) Where the petition alleges that the child is a habitual runaway under RSA 169-D:2, II(b) or that the child is a child in need of services under RSA 169-D:2, II(d), released to the custody of the department of health and human services for placement in a foster home, as defined in RSA 169-C:3, XIII, a group home, a crisis home, or a shelter care facility with expenses chargeable as provided in RSA 169-D:29.
(d) [Repealed.]
I-a. Where the petition alleges that the child is a habitual truant under RSA 169-D:2, II(a), that the child repeatedly disregards the reasonable and lawful commands of his or her parents, guardian, or custodian under RSA 169-D:2, II(b), or that the child repeatedly or habitually engages in conduct that constitutes violation level offenses under RSA 169-D:2, II(c), the court shall not order the out-of-home placement of the child.
II. The adjudicatory hearing shall be held within 21 days of the initial appearance.
III. All orders issued pursuant to this section shall set forth the findings as to the form of release or any conditions in writing and shall state any custody provisions under paragraph I.
Source. 1979, 361:2. 1982, 39:16. 2001, 117:7. 2007, 325:13, 15, IV. 2013, 249:11, eff. Sept. 1, 2013.
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