169-D:10-a Removal of Child From Home. –
No child subject to a petition brought under this chapter shall be removed from his home unless:
I. Clear and convincing evidence is presented to the court to show it is against the child's best interest to remain in the home under the circumstances presented in such petition;
II. A case plan for return of the child to the home has been recommended by the department, which in its recommendation shall address parent and child responsibility, and ordered by the court; provided, however, that in cases brought by a parent, guardian or custodian, the parent, guardian or custodian shall consent to the order.