169-B:10 Juvenile Diversion. –
I. An officer authorized under RSA 169-B:9 to take a minor into custody may dispose of the case without court referral by releasing the minor to a parent, guardian, or custodian. The officer shall make a written report to the officer's department identifying the minor, specifying the grounds for taking the minor into custody and indicating the basis for the disposal of the case. The officer may refer the minor to the department of health and human services for the needs assessment described in paragraph I-a.
I-a. If the arresting agency contemplates the initiation of court proceedings involving a resident minor, prior to filing a delinquency petition with the court, the arresting agency or prosecutor shall refer the minor to the department of health and human services for a voluntary needs assessment within 2 business days of arrest, to be completed as follows:
(a) The department shall obtain the consent of the minor and the minor's parent or guardian, prior to conducting the needs assessment.
(b) If the minor or the minor's parent or guardian does not consent, the department shall report to the prosecutor that the voluntary needs assessment was declined and the prosecutor may proceed with a petition and inform the court that the needs assessment was declined.
(c) The department shall complete the voluntary needs assessment within 30 days from referral or, if an assessment has been completed within the prior 6 months, the department shall provide the referring entity with the report and recommendations from any prior assessments.
(d) If a needs assessment conducted pursuant to this paragraph or RSA 169-B:9 reveals that the child has complex behavioral health needs and is at risk of residential, hospital, or secure placement, or is already involved in multiple service systems, the department shall refer the child and family to the FAST Forward program to determine eligibility for FAST Forward and referral to a care management entity.
(e) A report and recommendations shall be provided to the minor, the minor's parent or guardian, the minor's attorney, and the referring entity and shall include the department's specific recommendation regarding whether a petition should be filed and any recommendations for supports and services.
(f) Absent the consent of the minor following consultation with counsel, the report and recommendations, any additional documents and records, and any statements made by the minor or others providing information for the purpose of the needs assessment shall not be used in any way by law enforcement during any portion of its investigation, nor shall they be admissible at an adjudicatory hearing held pursuant to RSA 169-B:16, proceedings pursuant to RSA 169-B:24, or adult criminal proceedings.
(g) If a finding is made at the adjudicatory hearing, the needs assessment, report, and recommendations shall, with the consent of the minor following consultation with counsel, be admissible at the dispositional hearing, and subsequent hearings pursuant to RSA 169-B:31 and RSA 169-B:31-a, for the purpose of determining appropriate services and supports.
(h) Prior to filing a delinquency petition with the court, the arresting agency or prosecutor shall review the department's report and recommendations to screen the petition for participation in other voluntary services or diversion.
(i) A petition may be filed prior to the completion of the referral and needs assessment if:
(1) The prosecutor or arresting officer determines there is a need to request an order from the court for immediate detention or non-secure placement to protect the minor or the community; or
(2) The minor or the minor's parent or guardian does not consent to the voluntary assessment.
(j) The petitioner shall identify why diversion was not an appropriate disposition prior to seeking court involvement.
(k) If the petition is filed prior to the referral and assessment, and the resident minor has not had an assessment in the prior 6 months, the department shall make the assessment available to the minor after the petition is filed and the confidentiality and admissibility of the report and recommendations and related statements shall be treated the same as assessments completed prior to the petition.
I-b. The department of health and human services shall produce informational materials regarding the process for making referrals to the department pursuant to RSA 169-B:9 in lieu of making formal arrests and shall make such materials available to all New Hampshire law enforcement agencies.
II. At any time before or at arraignment pursuant to this chapter, a minor and the minor's family may be referred to a court-approved diversion program or other intervention program or community resource. Referral may be made by the arresting or prosecuting agency or juvenile probation and parole officer, prior to filing a petition with the court or after the filing of a petition by such agency with the court's approval, or by the court on its own, or any party's motion. When the arresting or prosecuting agency, or juvenile probation and parole officer suspects that a minor has a disability, an administrator at the responsible school district shall be notified. If appropriate, the school district shall refer the minor for evaluation to determine if the child is in need of special education and related services.
II-a. The administrative judge of the judicial branch family division shall have the authority to approve diversion referral procedures for use in all juvenile matters throughout the state.
II-b. Consistent with the referral procedures established pursuant to paragraph II-a, the department of health and human services, division for children, youth and families, shall have the authority establish procedures for the state-funded diversion programs.
III. Referral to diversion or other community resource after filing is appropriate if:
(a) The facts bring the case within the jurisdiction of the court;
(b) Referral of the case is in the best interest of the public and the minor; and
(c) The minor and the parents, guardian, or other custodian give knowing, informed, and voluntary consent.
IV. Referral after filing shall stay the proceedings for a period not to exceed 6 months from the date of referral, unless extended by the court for an additional period not to exceed 6 months and does not authorize the detention of the minor.
V. During the period of referral, the court may require further conditions of conduct on the part of the minor and the minor's parents.
VI. No person who performs public service as part of his or her participation in a court approved diversion program under this chapter shall receive any benefits that such employer gives to its 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 found to be negligent.