PUBLIC SAFETY AND WELFARE
CHILDREN IN NEED OF SERVICES
In this chapter:
I. "Child" means a person who is under the age of 18 on the date the petition is filed pursuant to RSA 169-D:5.
II. "Child in need of services" means a child under the age of 18:
(a) Who is subject to compulsory school attendance, and who is habitually, willfully, and without good and sufficient cause truant from school;
(b) Who habitually runs away from home, or who repeatedly disregards the reasonable and lawful commands of his or her parents, guardian, or custodian and places himself or herself or others in unsafe circumstances;
(c) Who has exhibited willful repeated or habitual conduct constituting offenses which would be violations under the criminal code of this state if committed by an adult or, if committed by a person 16 years of age or older, would be violations under the motor vehicle code of this state; or
(d) With a diagnosis of severe emotional, cognitive, or other mental health issues who engages in aggressive, fire setting, or sexualized behaviors that pose a danger to the child or others and who is otherwise unable or ineligible to receive services under RSA 169-B or RSA 169-C; and
(e) Is expressly found to be in need of care, guidance, counseling, discipline, supervision, treatment, or rehabilitation.
III. "Conditional release" means a legal status created by a court order following an adjudication that a child is a child in need of services and shall be permitted to remain in the community, including his or her home, subject to:
(a) The conditions and limitations of his or her conduct prescribed by the court.
(b) Such counseling and treatment as are deemed necessary, pursuant to methods and counseling prescribed by the court, for the minor and his or her family.
(c) The supervision of juvenile probation and parole officers as authorized by RSA 170-G:16.
(d) Return to the court for violation of the conditions of the release and change of the disposition at any time during the term of the conditional release.
IV. "Court" means the district court, unless otherwise indicated.
V. "Custody" means a legal status created by court order wherein the department of health and human services has placement and care responsibility for the child.
VI. "Diversion" means a decision made by a person with authority which results in providing an individually designed program for delivery of services for the child by a specific provider, or a plan to assist the child in finding a remedy for his or her inappropriate behavior. The goal of diversion is to prevent further involvement of the child in the formal legal system. Diversion of a child may take place either at pre-filing as an alternative to the filing of a petition or at any time after the filing of the petition.
VII. "Home detention" means court-ordered confinement of a minor with his or her parents or other specified home for 24 hours a day unless otherwise prescribed by written court order, under which the minor is permitted out of the residence only at such hours and in the company of persons specified in the court order establishing the home detention.
VIII. "Restitution" means moneys, compensation, work, or service which is reimbursed by the offender to the victim who suffered personal injury or economic loss.
IX. "Services" means care, guidance, counseling, discipline, supervision, treatment and rehabilitation or any combination thereof.
X. "Concurrent plan" means an alternate permanency plan in the event that a minor cannot be safely reunified with his or her parents.
XI. "Out-of-home placement" means when a minor, as the result of a delinquent petition, is removed from a biological parent, adoptive parent, or legal guardian of the minor and placed in substitute care with someone other than a biological parent, adoptive parent, or legal guardian. Such substitute care may include placement with a custodian, guardian, relative, friend, group home, crisis home, shelter care, or a foster home.
XII. "Permanency hearing" means a court hearing for a minor in an out-of-home placement to review, modify, and/or implement the permanency plan or adopt the concurrent plan.
XIII. "Permanency plan" means a plan for a minor in an out-of-home placement that is adopted by the court and that provides for timely reunification, 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.
XIII-a. "Psychotropic medication" means a drug prescribed by a licensed medical practitioner, to treat illnesses that affect psychological functioning, perception, behavior, or mood.
XIII-b. "Medication restraint" means the involuntary administration of any medication, including a psychotropic medication, for the purpose of immediate control of behavior.
XIV. "Shelter care facility" means a non-secure or staff-secure facility for the temporary care of children no less than 11 nor more than 17 years of age. Shelter care facilities may be utilized for children prior to or following adjudication or disposition. A shelter care facility may not be operated in the same building as a facility for architecturally secure confinement of children or adults.
XV. "Truant" means a child between the ages of 6 and 18 years who is either not attending school as required by law or who is not participating in an alternative learning plan under RSA 193:1. "Truancy" shall have the same meaning as in RSA 189:35-a.
Source. 1979, 361:2. 1987, 402:10. 1989, 285:5, 6. 1990, 201:7, 8. 1995, 308:74. 1999, 266:3. 2000, 294:10. 2007, 236:18; 325:11. 2011, 224:279. 2013, 249:2, 3, eff. Sept. 1, 2013; 249:18, eff. Sept. 22, 2013. 2021, 182:5, eff. Jan. 1, 2022.