N.H. Rev. Stat. § 169-D:17

Current through Chapter 381 of the 2024 Legislative Session

Section 169-D:17 - Dispositional Hearing

I. If the court finds the child is in need of services, it shall order the least restrictive and most appropriate disposition considering the facts in the case, the investigation report, and the dispositional recommendations of the parties and counsel. The dispositional recommendation of the department of health and human services shall include the costs of the recommended services, placements, and programs. Such disposition may include:

(a) Permitting the child to remain with a parent, guardian, relative, or custodian, subject to such limitations and conditions as the court may prescribe, including:

(1) Ordering the child or parent, guardian, relative, or custodian, or both, to accept individual or family counseling;

(2) Placing the child on conditional release for a term of 2 years or less.

(b)

(1) Releasing the child in the supervision and care of a relative or suitable adult; or

(2)

(A) 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), releasing the child to the custody of the department of health and human services for placement with fictive kin, or in a foster home, as defined in RSA 169-C:3, XIII, a group home, a crisis home, a shelter care facility, or a child care institution, psychiatric residential treatment program, or a program otherwise certified by the commissioner of the department of health and human services or his or her designee.

(B) Notwithstanding subparagraph (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.

(c) Imposing a fine or restitution, or both, on a child who has committed an offense which, if committed by an adult, would be a violation under the criminal code of this state; or has committed an offense which, if committed by a person 16 years of age or older, would be a violation under the motor vehicle code of this state; or has violated an ordinance or bylaw of a city or town. Such fine shall not exceed the fine which may be imposed against an adult for the same offense.

(d) Ordering the minor to perform up to 50 hours of uncompensated public service subject to the approval of the elected or appointed official authorized to give approval of the city or town in which the offense occurred. The court's order for uncompensated public service shall include the name of the official who will provide supervision to the minor. However, no person who performs such public service under this subparagraph shall receive any benefits that such employer gives to its other employees, including, but not limited to, workers' compensation and unemployment benefits and no such employer shall be liable for any damages sustained by a person while performing such public service or any damages caused by that person unless the employer is guilty of gross negligence.

(e) Requiring any child to attend structured after-school or evening programs which address some of the child's compliance issues, as well as supervise the child during the time of the day in which the child most values his or her freedom and the time which is most often used to perform unruly acts. The cost of said programs shall be paid by private insurance, if available, or otherwise by the department. Services shall be for those programs that have been certified pursuant to RSA 170-G:4, XVIII.

I-a. In the case of a child for whom behavioral health services are being coordinated by a care management entity as defined in RSA 135-F:4, the court shall solicit and consider treatment and service recommendations from the entity. If the court orders a disposition which is not consistent with the entity's recommendations, it shall make written findings regarding the basis for the disposition and the reasons for its determination not to follow the recommendations.

II. Any child placed under this section with someone other than a relative shall be placed in a residential care facility licensed pursuant to RSA 170-E. If a child is placed out of state, the provisions of RSA 170-A shall be followed.

II-a. When a minor is in an out-of-home placement, the court shall adopt a concurrent plan other than reunification for the minor. The other options for a permanency plan include termination of parental rights or parental surrender when an adoption is contemplated, guardianship with a fit and willing relative or another appropriate party, or another planned permanent living arrangement.

II-b. When a dispositional order places a minor in an out-of-home placement pursuant to RSA 169-B:19, I(e) or (f), prior to concluding the dispositional hearing the court shall set a date for a permanency hearing pursuant to RSA 169-D:21-a.

II-c. A dispositional order for inpatient treatment at an alcohol or drug treatment facility may only be issued following a finding that the child requires substance use disorder services pursuant to an evaluation by any licensed health care professional making the decision based on American Society of Addiction Medicine criteria.

III. The court may order the child or the family or both to undergo physical treatment or treatment by a mental health center or any other psychiatrist, psychologist, psychiatric social worker or family therapist as determined by the court.

III-a. In addition to any other disposition, the court may, with the consent of the minor and the minor's family, refer the minor and family to a care management entity as defined in RSA 135-F:4III for behavioral health services to be coordinated and supervised by that entity. Such a referral may be accompanied by one or more other dispositions in this section, if otherwise authorized and appropriate.

IV. All dispositional orders issued pursuant to this section shall include written findings as to the basis for the disposition and such conditions as the court imposes, and a specific plan of the services to be provided, including but not limited to those listed in paragraphs I, II and III.

V.

(a) The court may punish a child or his parent or parents for contempt of court for refusal to participate in the specific dispositional plan as ordered by the court pursuant to paragraph IV.

(b) Any child or his parent or parents prosecuted for contempt under this paragraph shall be afforded notice of the essential facts constituting the criminal contempt charged, a hearing, counsel, and shall be adjudged guilty of criminal contempt only upon proof beyond a reasonable doubt.

(c) A child found guilty of contempt may be immediately detained in home detention or placed in a shelter care facility.

VI. If the judge orders services, placements, or programs different from the recommendations of the department, the judge shall include a statement of the costs of the services, placements, and programs so ordered.

VII. Prior to any placement which will require educational services outside the child's home school district, the court shall notify the school district and give the district the opportunity to send a representative to the hearing at which such placement is contemplated. At such hearing the court shall consider the recommendations of the school district and if such an out-of-district placement is ordered the court shall make written findings that describe the reasons for the placement.

VIII. The court may issue such orders as are necessary to ensure provision of services under this chapter, provided that any order issued involving the department of education or a legally liable school district shall comply with RSA 169-B:22.

IX. The department shall ensure that, when psychotropic medication is prescribed for children in foster care, appropriate medication monitoring is provided pursuant to current American Academy of Child and Adolescent Psychiatry (AACAP) Standards.

RSA 169-D:17

Amended by 2024, 88:9, eff. 6/14/2024.

Amended by 2021 , 182: 6, eff. 1/1/2022.

Amended by 2021 , 91: 32, eff. 7/1/2021.

Amended by 2020 , 26: §§25, 26 eff. 1/1/2021 (later changed to 7/1/2020).

Amended by 2019 , 346: §§340, 341 eff. 7/1/2019.

Amended by 2019 , 44: §§12, 13 eff. 8/2/2019.

Amended by 2017 , 156: 171, eff. 7/1/2017.

Amended by 2013 , 249: 12, eff. 9/1/2013.

Amended by 2011 , 224: 29, eff. 7/1/2011.

1979, 361:2. 1981, 401:1. 1982, 39:17. 1983, 416:9. 1987, 402:11. 1989, 285:9. 1990, 201:12; 257:7. 1992, 284:4. 1994, 81:3; 212:2. 1995, 181:4; 308:79, 80; 310:175, 181. 1999, 266:9. 2001, 117:2; 286:19, eff. Sept. 14, 2001. 2007, 236:20, eff. Jan. 1, 2008; 295:6, eff. Sept. 11, 2007; 325:14, eff. July 16, 2007; 325:17, eff. Jan. 1, 2008 at 12:01 a.m. 2008, 213:1, eff. Aug. 15, 2008; 274:14, eff. July 1, 2008.