TITLE XII
PUBLIC SAFETY AND WELFARE

CHAPTER 169-D
CHILDREN IN NEED OF SERVICES

Section 169-D:21-a

    169-D:21-a Permanency Hearings. –
I. For a child who enters an out-of-home placement prior to an adjudicatory finding and who is in an out-of-home placement for 12 or more months, the court shall hold and complete an initial permanency hearing within 14 months of the child's entry into out-of-home placement or within 12 months of the court's adjudicatory finding, whichever is earlier. For a child who enters an out-of-home placement subsequent to an adjudicatory finding and who is in an out-of-home placement for 12 or more months, the court shall hold and complete an initial permanency hearing within 12 months of the child's entry into out-of-home placement. For a child who is in out-of-home placement following the initial permanency hearing, the court shall hold and complete a subsequent permanency hearing within 12 months of the initial permanency hearing and every 12 months thereafter as long as the child is in an out-of-home placement.
II. At a permanency hearing the court shall consider whether the parent or parents and child have met the responsibilities pursuant to the dispositional orders issued by the court. If compliance with the dispositional orders pursuant to RSA 169-D:17 is not met, the court may adopt a permanency plan other than reunification for the child. Other options for a permanency plan include:
(a) Termination of parental rights or parental surrender when an adoption is contemplated;
(b) Guardianship with a fit and willing relative or another appropriate party; or
(c) Another planned permanent living arrangement.
III. At a permanency hearing the court shall determine whether the department has made reasonable efforts to finalize the permanency plan that is in effect. Where reunification is the permanency plan that is in effect, the court shall consider whether services to the family have been accessible, available, and appropriate.

Source. 2007, 236:22. 2008, 213:2, eff. Aug. 15, 2008.