PUBLIC SAFETY AND WELFARE
CHILDREN IN NEED OF SERVICES
169-D:12 Appointment of Counsel; Waiver of Counsel.
I. Absent a valid waiver, the court shall appoint counsel for the child at the time of the initial appearance. If the court believes that the minor has a cognitive, emotional, learning, or sensory disability, the court shall require the minor to consult with counsel.
II. The court may accept a waiver of counsel from a child alleged to be in need of services only when:
(a) The parent, guardian, or custodian did not file the petition;
(b) Both the child and parent, guardian, or custodian agree to waive counsel;
(c) In the court's opinion, the waiver is made competently, voluntarily, and with full understanding of the consequences; and
(d) The petition does not allege that the child is in need of services pursuant to RSA 169-D:2, II(d).
III. Whenever the court places the child outside his or her home, the court shall ensure that the child is continuously represented by counsel until the case is closed pursuant to RSA 169-D:3, III. Appointment of counsel pursuant to this paragraph shall be made at a time sufficiently in advance of the decision to place the child outside the home to allow counsel to provide effective representation on the issue of placement.
Source. 1979, 361:2. 1995, 308:78. 1996, 248:4. 2008, 274:13, eff. July 1, 2008. 2020, 26:33, eff. July 1, 2020; 26:34, eff. July 1, 2021.