Current Through April 2016

Circumstances That Constitute Witnessing

This issue is not addressed in the statutes reviewed.

Consequences

This issue is not addressed in the statutes reviewed.

Current Through February 2016

Physical Abuse

Citation: Rev. Stat. § 169-C:3‘Abused child’ means any child who has been:

• Sexually abused
• Intentionally physically injured
• Physically injured by other than accidental means

Neglect

Citation: Rev. Stat. § 169-C:3‘Neglected child’ means a child:

• Who is without proper parental care or control, subsistence, education as required by law, or other care or control necessary for his or her physical, mental, or emotional health, when it is established that his or her health has suffered or is very likely to suffer serious impairment, and the deprivation is not due primarily to the lack of financial means of the parents, guardian, or custodian
• Whose parents, guardian, or custodian are unable to discharge their responsibilities to and for the child because of incarceration, hospitalization, or other physical or mental incapacity

Sexual Abuse/Exploitation

Citation: Rev. Stat. § 169-C:3‘Sexual abuse’ means:

• The employment, use, persuasion, inducement, enticement, or coercion of any child to engage in or having a child assist any other person to engage in any sexually explicit conduct or any simulation of such conduct for the purpose of producing any visual depiction of such conduct
• The rape, molestation, prostitution, or other form of sexual exploitation of children
• Incest with children

With respect to the definition of sexual abuse, the term ‘child’ or ‘children’ means any individual who is younger than age 18.

Emotional Abuse

Citation: Rev. Stat. § 169-C:3The term ‘abused child’ includes any child who has been psychologically injured so that the child exhibits symptoms of emotional problems generally recognized to result from consistent mistreatment or neglect.

Abandonment

Citation: Rev. Stat. § 169-C:3
‘Abandoned’ means the child has been left by his or her parent, guardian, or custodian without provision for his or her care, supervision, or financial support, although his or her parent, guardian, or custodian is financially able to provide such support.

Standards for Reporting

Citation: Rev. Stat. § 169-C:29
A report is required when a mandatory reporter has reason to suspect that a child has been abused or neglected.

Persons Responsible for the Child

Citation: Rev. Stat. § 169-C:3‘A person responsible for a child’s welfare’ includes the child’s parent, guardian, or custodian, as well as the person providing out-of-home care of the child, if that person is not the parent, guardian, or custodian.

The term ‘parent’ means mother, father, or adoptive parent, but the term shall not include a parent whose parent-child relationship has been terminated by judicial decree or voluntary relinquishment.

Exceptions

Citation: Rev. Stat. § 169-C:3No child who is, in good faith, under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for that reason alone, be considered to be a neglected child under this chapter.

Current Through August 2013

Defined in Domestic Violence Civil Laws

Citation: Rev. Stat. § 173-B:1‘Abuse’ means the commission or attempted commission of one or more of the acts listed below by a family or household member or current or former sexual or intimate partner when such conduct constitutes a credible threat to the petitioner’s safety. The court may consider evidence of such acts, regardless of their proximity in time to the filing of the petition, which, in combination with recent conduct, reflects an ongoing pattern of behavior that reasonably causes or has caused the petitioner to fear for his or her safety or well-being:

• Assault or reckless conduct, as defined in §§ 631:1 through 631:3
• Criminal threatening, as defined in § 631:4
• Sexual assault, as defined in §§ 632-A:2 through 632-A:5
• Interference with freedom, as defined in §§ 633:1 through 633:3-a
• Destruction of property, as defined in §§ 634:1 and 634:2
• Unauthorized entry, as defined in §§ 635:1 and 635:2
• Harassment, as defined in § 644:4

‘Domestic violence’ means abuse as defined above.

Defined in Child Abuse Reporting and Child Protection Laws

Citation:This issue is not addressed in the statutes reviewed.

Defined in Criminal Laws

Citation:This issue is not addressed in the statutes reviewed.

Persons Included in the Definition

Citation: Rev. Stat. § 173-B:1‘Family or household member’ means:

• Spouses, ex-spouses, persons cohabiting with each other, and persons who cohabited with each other but no longer share the same residence
• Parents and other persons related by consanguinity or affinity, other than minor children who reside with the defendant

‘Intimate partners’ means persons currently or formerly involved in a romantic relationship, whether or not such relationship was ever sexually consummated.

Current Through June 2013

Confidentiality of Records

Citation: Rev. Stat. §§ 169-C:35; 170-G:8-aRecords in the State registry shall be confidential and subject to rules on access established by the commissioner of the Department of Health and Human Services under RSA 541-A.

The case records of the department shall be confidential.

Persons or Entities Allowed Access to Records

Citation: Rev. Stat. § 170-G:8-aThe department shall provide access to the case records to the following persons unless the commissioner determines that the harm to the child named in the case record resulting from the disclosure outweighs the need for the disclosure presented by the person requesting access:

• The child and the parent, guardian, or custodian of the child named in the case record
• Another member of the family of the child named in the case record, if disclosure is necessary for the provision of services to the child or other family member
• Employees of the department and their legal counsel
• Persons made parties to judicial proceedings in New Hampshire relative to the child or family, whether civil or criminal, including the court with jurisdiction over the proceeding, any attorney for any party, and any guardian ad litem
• A grand jury when it is necessary in the conduct of its official business
• The relevant county
• Another State’s child welfare agency, law enforcement agency, or other government entity that requires the information in order to carry out its responsibility under law to protect children from abuse or neglect
• A person or entity requested by the department or ordered by the court to perform an evaluation or assessment; to create a service plan; or to provide services for the child, the child’s family, or a member of the child’s family
• The superintendent of schools for the school district in which the child named in the case record is or will be attending school
• The person or entity with whom the child resides, if that person is not the child’s parent, guardian, or custodian
• A physician who reasonably suspects that a child may be abused or neglected
• A law enforcement official who reasonably suspects that a child may be abused or neglected and who is participating with the department in a joint investigation
• A State official who is responsible for the provision of services to children and families
• A legislative official who has been granted specific responsibility for oversight of legislation related to the provision of services to children and families
• A person conducting a bona fide research or evaluation project
• Any person making a report of suspected child abuse or neglect

When Public Disclosure of Records is Allowed

This issue is not addressed in the statutes reviewed.

Use of Records for Employment Screening

Citation: Rev. Stat. § 170-G:8-cThe department shall, prior to adding new or transferred staff members whose job descriptions would cause them to come into direct contact with children, submit the names, birth names, birth dates, and addresses of such individuals for review against the State registry of founded abuse and neglect reports.

Current Through March 2015

Citation: Rev. Stat. § 169-C:31

Anyone participating in good faith in making a report pursuant to the reporting laws is immune from any civil or criminal liability that might otherwise be incurred or imposed. Any such participant has the same immunity with respect to participation in any investigation by the Division for Children, Youth, and Families or judicial proceeding resulting from such report.

Current Through February 2013

Individual Responsibility to Report

Citation: Rev. Stat. § 169-C:30A mandated reporter shall immediately make an oral report to the Department of Health and Human Services by telephone or otherwise, followed within 48 hours by a written report, if so requested by the department.

Content of Reports

Citation: Rev. Stat. § 169-C:30The report shall contain, if known:

• The name and address of the child and the person responsible for the child’s welfare
• The nature and extent of the child’s injuries, including any evidence of prior injury
• The identity of the person suspected of being responsible for the abuse or neglect
• Any other information that might be helpful in establishing the neglect or abuse or that may be required by the department

Reporting Suspicious Deaths

Citation:This issue is not addressed in the statutes reviewed.

Reporting Substance-Exposed Infants

Citation:This issue is not addressed in the statutes reviewed.

Agency Receiving the Reports

Citation: Rev. Stat. § 169-C:30Reports are made to the Department of Health and Human Services.

Initial Screening Decisions

Citation:This issue is not addressed in the statutes reviewed.

Agency Conducting the Assessment/Investigation

Citation: Rev. Stat. §§ 169-C:38; 169-C:38-aThe department shall immediately by telephone or in person refer all cases to the local law enforcement agency in which there is reason to believe that any person under age of 18 has been:

• Sexually molested or exploited
• Intentionally physically injured so as to cause serious bodily injury
• Physically injured by other than accidental means so as to cause serious bodily injury
• A victim of a crime

A written report shall be made to the law enforcement agency within 48 hours, Saturdays, Sundays, and holidays excluded. A copy of this report shall be sent to the office of the county attorney.

The Department of Health and Human Services and the Department of Justice shall jointly develop a standardized protocol for the interviewing of victims and the investigation and assessment of cases of child abuse and neglect. The protocol shall seek to minimize the impact on the victim. The protocol also shall be designed to protect the rights of all parties affected, and specifically address the need to establish safe and appropriate places for interviewing children.

Assessment/Investigation Procedures

Citation: Rev. Stat. § 169-C:34For each report it receives, the department shall promptly perform a child protective investigation to determine:

• The composition of the family or household, including:
  • The name, address, age, sex, and race of each child named in the report
  • Any siblings or other children in the same household or in the care of the same adults
  • The parents or other persons responsible for the welfare of the children
  • Any other adults in the same household
• Whether there is probable cause to believe that any child in the family or household is abused or neglected, including a determination of:
  • Harm or threatened harm to each child
  • The nature and extent of present or prior injuries, abuse, or neglect, and any evidence thereof
  • The person or persons apparently responsible for the abuse or neglect
• The immediate and long-term risk to each child if the child remains in the existing home environment
• The protective treatment and ameliorative services that appear necessary to help prevent further child abuse or neglect and to improve the home environment and the parents’ ability to adequately care for the children

At the first contact in person, any person investigating a report of abuse or neglect on behalf of the department shall verbally inform the parents of a child suspected of being a victim of abuse or neglect of the specific nature of the charges and that they are under no obligation to allow a social worker or State employee on their premises or surrender their children to interviews unless that social worker or State employee is in possession of a court order to that effect. Upon receiving such information, the parent shall sign a written acknowledgement indicating that the information required under this paragraph was provided by the person conducting the investigation. The parent and department shall each retain a copy of the acknowledgment.

Timeframes for Completing Investigations

Citation: Rev. Stat. § 169-C:34If it appears that the immediate safety or well-being of a child is endangered, the family may flee or the child disappear, or the facts otherwise so warrant, the department shall commence an investigation immediately after receipt of a report. In all other cases, a child protective investigation shall be commenced within 72 hours of receipt of the report.

Classification of Reports

Citation: Rev. Stat. § 169-C:3Reports may be classified as follows:

• A ‘founded report’ is a report for which the department finds probable cause to believe that the child who is the subject of such report is abused or neglected.
• An ‘unfounded report’ is a report for which the department finds that there is no probable cause to believe that the child is abused or neglected.

Current Through August 2015

Professionals Required to Report

Citation: Rev. Stat. § 169-C:29The following professionals are required to report:

• Physicians, surgeons, county medical examiners, psychiatrists, residents, interns, dentists, osteopaths, optometrists, chiropractors, nurses, hospital personnel, or Christian Science practitioners
• Teachers, school officials, nurses, or counselors
• Daycare workers or any other child or foster care workers
• Social workers
• Psychologists or therapists
• Priests, ministers, or rabbis
• Law enforcement officials

Reporting by Other Persons

Citation: Rev. Stat. § 169-C:29All other persons who have reason to suspect that a child has been abused or neglected must report.

Institutional Responsibility to Report

Not addressed in statutes reviewed.

Standards for Making a Report

Citation: Rev. Stat. § 169-C:29A report is required when a person has reason to suspect that a child has been abused or neglected.

Privileged Communications

Citation: Rev. Stat. § 169-C:32Only the attorney-client privilege is permitted.

Inclusion of Reporter’s Name in Report

Not addressed in statutes reviewed.

Disclosure of Reporter Identity

Not addressed in statutes reviewed.

Current Through April 2015

Citation: Rev. Stat. § 639-A:2No person shall knowingly engage in any of the following activities in the presence of a child or incapacitated adult; in the residence of a child or an incapacitated adult; in a building, structure, conveyance, or outdoor location where a child or incapacitated adult might reasonably be expected to be present; within any drug-free school zone; in a room offered to the public for overnight accommodations; or in any multiple unit residential building:

• Manufacturing or attempting to manufacture methamphetamine
• Storing any chemical substance
• Storing or disposing of any methamphetamine waste products
• Storing or disposing of any methamphetamine paraphernalia

No person shall knowingly cause or permit a child or incapacitated adult to inhale, be exposed to, have contact with, or ingest methamphetamine, a chemical substance, or methamphetamine paraphernalia.

No person shall, with the intent to engage in any prohibited conduct under the first paragraph above, knowingly cause or permit any child or incapacitated adult to buy or otherwise obtain methamphetamine paraphernalia.

Citation: Rev. Stat. § 639-A:3A person convicted of an offense under § 639-A:2 shall be guilty of a felony and, notwithstanding § 651:2, may be sentenced to imprisonment for not more than 5 years or a fine of up to $10,000, or both.

A prosecution or conviction under this chapter is not a bar to conviction of or punishment for any other crime committed by the defendant as part of the same conduct.

Current Through August 2014

Making The Appointment

Citation: Rev. Stat. § 169-C:10In cases involving a neglected or abused child, the court shall appoint a court-appointed special advocate (CASA) or other approved program guardian ad litem (GAL) for the child. If a CASA or other approved program GAL is unavailable for appointment, the court may then appoint an attorney or other GAL for the child. The court shall not appoint an attorney for any GAL appointed for the child. The CASA or other approved program GAL shall have the same authority and access to information as any other GAL. For purposes of this paragraph, ‘unavailable for appointment’ means that there is no CASA or other approved program GAL available for appointment by the court following a finding of reasonable cause at the preliminary hearing held under § 169-C:15 so that the child’s interests may be represented effectively in preparation for and at an adjudicatory hearing.

In cases involving a neglected or abused child, when the child’s expressed interests conflict with the recommendation for dispositional orders of the GAL, the court may appoint an attorney to represent the interests of the child.

In any case of neglect or abuse brought pursuant to this chapter, the court shall appoint an attorney to represent an indigent parent alleged to have neglected or abused his or her child. In addition, the court may appoint an attorney to represent an indigent parent not alleged to have neglected or abused his or her child if the parent is a household member and such independent legal representation is necessary to protect the parent’s interests. The court shall not appoint an attorney to represent any other persons involved in a case brought under this chapter.

The Use of Court-Appointed Special Advocates (CASAs)

Citation: Rev. Stat §§ 169-C:10; 490-C:6The CASA-GAL shall have the same authority and access to information as any other GAL.

Court Appointed Special Advocates of New Hampshire shall be accountable to the Guardian ad Litem Board for complying with the training requirements established by the board under § 490-C:5 and for the actions of its volunteer members who are appointed by the court as GALs.

Qualifications/Training

Citation: Rev. Stat. § 490-C:5-aTo be eligible for initial certification, recertification, reinstatement, or renewal of certification as a GAL, an applicant shall be of good character and shall meet such criteria or requirements as may be established by the Guardian ad Litem Board.

Certification issued by the board shall be valid for 3 years from the date of issuance, and shall expire 3 years from the date of issuance, unless renewed or reissued pursuant to rules adopted by, and upon payment of fees established in, the rules of the board. If timely and sufficient application has been made in accordance with board rules for renewal of certification, the existing certification shall not expire until the board has taken final action on the application for renewal.

Conditional or temporary certification as a GAL shall be according to the criteria, terms, requirements, procedures, and duration established by the board.

Specific Duties

Citation: Rev. Stat. § 169-C:10When an attorney is appointed as counsel for a child, representation may include counsel and investigative, expert, and other services, including process to compel the attendance of witnesses, as may be necessary to protect the rights of the child.

The New Hampshire Supreme Court shall adopt rules regarding the duties and responsibilities of the CASA-GAL or other GAL appointed for the child.

How the Representative Is Compensated

Citation:This issue is not addressed in the statutes reviewed.

Current Through April 2014

When Case Plans Are Required

Citation: Rev. Stat. § 170-G:4A comprehensive service plan will be developed for each child and youth who is or would be served by the department in accordance with title IV-E of the Social Security Act.

Who May Participate in the Case Planning Process

Citation: Rev. Stat. § 170-G:4; N.H. Admin. Rules, He-C 6446.16The Department of Health and Human Services shall develop the case plan.

In regulation: Foster parents shall have the opportunity to participate in the development of the case plan for children in care. Foster parents shall implement their portion of the case plan for the child in care and work cooperatively with department staff, the parents of the child in care, and service providers when implementing the case plan for the child.

Contents of a Case Plan

N.H. Admin. Rules, He-C 6339.03The case plan is a written document prepared by the Division for Children, Youth and Families or the Division or Juvenile Justice Services that, pursuant to statute § 170-G:4(III), describes the service plan for the child and family and addresses outcomes, tasks, responsible parties, and timeframes for correcting problems that led to abuse, neglect, delinquency, or child in need of services (CHINS).

Current Through November 2012

Citation: N.H. Rev. Stat. Ann. § 169-D:17(II-a) (LexisNexis through 2012 Sess.)When a minor is in an out-of-home placement, the court shall adopt a concurrent plan other than reunification for the minor. The other options for a permanency plan include 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.

Citation: N.H. Rev. Stat. Ann. § 169-C:3(VII-a) (LexisNexis through 2012 Sess.)‘Concurrent plan’ means an alternate permanency plan for use in the event that a child cannot be safely reunified with his or her parents.

Current Through January 2016

Schedule of Hearings

Citation: Rev. Stat. §§ 169-C:24; 169-C:24-b; 169-C:24-cThe court shall conduct an initial review hearing within 3 months of the dispositional hearing to review the status of all dispositional orders issued under this chapter. The court may conduct additional review hearings upon its own motion or upon the request of any party at any time.

For a child that has been in an out-of-home placement for 12 or more months, the court shall hold and complete a permanency hearing within 12 months of the finding. For a child who enters an out-of-home placement subsequent to a finding, the court shall hold and complete a permanency hearing within 12 months of the date the child enters the out-of-home placement.

For a child who is in an out-of-home placement following the permanency hearing, the court shall hold and complete a postpermanency hearing within 12 months of the permanency hearing and every 12 months thereafter as long as the child remains in an out-of-home placement. The court may conduct periodic postpermanency hearings upon its motion or upon the request of any party at any time.

Persons Entitled to Attend Hearings

Citation: Rev. Stat. § 169-C:14The general public shall be excluded from any hearing. Only such persons as the parties, their witnesses, counsel, and representatives of the agencies present to perform their official duties shall be admitted. Other persons may be invited to attend, with the court’s approval.

Determinations Made at Hearings

Citation: Rev. Stat. §§ 169-C:24; 169-C:24-b; 169-C:24-cAt all hearings the court shall determine whether the Department of Health and Human Services 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.

Permanency Options

Citation: Rev. Stat. § 169-C:24-bAt a permanency hearing, the court shall determine whether and, if applicable, when the child will be returned to the parent or parents. If the standard for return is not met, the court shall identify a permanency plan other than reunification for the child. Other options for a permanency plan include:

• Termination of parental rights or parental surrender when an adoption is contemplated
• Guardianship with a fit and willing relative or another appropriate party
• Another planned permanent living arrangement

Current Through March 2016

Citation: Rev. Stat. § 169-C:2(II)This chapter shall be liberally construed to the end that its purpose may be carried out, as follows:

• To encourage the mental, emotional, and physical development of each child coming within the provisions of this chapter, by providing him or her with the protection, care, treatment, counseling, supervision, and rehabilitative resources that he or she needs and has a right to receive
• To achieve the foregoing purposes and policies, whenever possible, by keeping a child in contact with his or her home community and in a family environment by preserving the unity of the family and separating the child from his or her parents only when the safety of the child is in danger or when it is clearly necessary for his or her welfare or the interests of public safety, and when it can be clearly shown that a change in custody and control will plainly be better for the child
• To provide effective judicial procedures through which the provisions of this chapter are executed and enforced and that recognize and enforce the constitutional and other rights of the parties and assures them a fair hearing

Citation: Rev. Stat. § 169-C:2(I)It is the purpose of this chapter, through the mandatory reporting of suspected instances of child abuse or neglect, to provide protection to children whose life, health, or welfare are endangered and to establish a judicial framework to protect the rights of all parties involved in the adjudication of child abuse or neglect cases. Each child coming within the provisions of this chapter shall receive, preferably in his or her own home, the care, emotional security, guidance, and control that will promote the child’s best interests; and, if the child should be removed from the control of his or her parents, guardian, or custodian, adequate care shall be secured for the child. This chapter seeks to coordinate efforts by State and local authorities, in cooperation with private agencies and organizations, citizens’ groups, and concerned individuals, to:

• Protect the safety of the child
• Preserve the unity of the family, whenever possible
• Provide assistance to parents to deal with and correct problems in order to avoid removal of children from the family
• Take such action as may be necessary to prevent abuse or neglect of children
• Provide protection, treatment, and rehabilitation, as needed, to children placed in alternative care

Current Through January 2013

Circumstances That Are Grounds for Termination of Parental Rights

Citation: Rev. Stat. §§ 169-C:24-a; 170-C:5A petition for termination of parental rights shall be filed when any one or more of the following circumstances exist:

• The child has been in an out-of-home placement for 12 of the most recent 22 months.
• The child has been abandoned.
• The parent has been convicted of:
  • Murder of another child of the parent, a sibling or stepsibling of the child, the child’s other parent, or other persons related by consanguinity or affinity, including a minor child who resided with the defendant
  • Manslaughter of another child of the parent
  • Attempt, solicitation, or conspiracy to commit any of the offenses listed above
  • Felony assault that resulted in injury to the child, a sibling or stepsibling of the child, the child’s other parent, or other persons related by consanguinity or affinity, including a minor child who resided with the defendant
• The parent, although financially able, has substantially and continuously neglected to provide the child with necessary subsistence, education, or other necessary care.
• The parent has failed to correct the conditions leading to the child’s out-of-home placement within 12 months, despite reasonable efforts under the direction of the district court to rectify the conditions.
• Because of mental deficiency or mental illness, the parent is and will continue to be incapable of giving the child proper parental care and protection for a longer period of time than would be wise or prudent.
• The parent knowingly or willfully caused or permitted another to cause severe sexual, physical, emotional, or mental abuse of the child.
• The parent’s conduct toward the child has resulted in severe harm to the child.
• The parent’s conduct toward the child has continued despite the reasonable efforts of authorized agencies in obtaining or providing services for the parent to reduce or alleviate such conduct.
• The parent, as a result of incarceration for a felony offense, is unable to discharge his or her responsibilities for the child and, in addition, has been shown to have abused or neglected the child. The court may review the conviction of the parent to determine whether the felony offense is of such a nature, and the period of incarceration imposed of such duration, that the child would be deprived of proper parental care and protection and left in an unstable or impermanent environment for a longer period of time than would be prudent.

Circumstances That Are Exceptions to Termination of Parental Rights

Citation: Rev. Stat. § 169-C:24-aThe State may not be required to file a petition for termination of parental rights if one or more of the following conditions exist:

• The child is being appropriately cared for by a relative.
• A State agency has documented in the case file a compelling reason for determining that filing a petition for termination of parental rights would not be in the best interests of the child.
• The State has not provided to the family of the child such services and reasonable efforts as the State deems necessary for the safe return of the child to the child’s home.

Circumstances Allowing Reinstatement of Parental Rights

This issue is not addressed in the statutes reviewed.

Current Through December 2014

Definitions

Citation: Rev. Stat. § 169-C:3The term ‘guardian’ means a parent or person appointed by a court having jurisdiction with the duty and authority to make important decisions in matters having a permanent effect on the life and development of the child, and to be concerned about the general welfare of the child.

The term ‘legal custody’ means a status created by court order embodying the following rights and responsibilities, unless otherwise modified by court order:

• The right to determine where and with whom the child shall live
• The right to have the physical possession of the child
• The right and the duty to protect and constructively discipline the child
• The responsibility to provide the child with food, clothing, shelter, education, emotional security, and ordinary medical care

The rights and responsibilities of the custodian shall be exercised subject to the power, rights, duties, and responsibilities of the guardian of the child, and subject to residual parental rights and responsibilities if these have not been terminated by judicial decree.

The term ‘residual parental rights and responsibilities’ means those rights and responsibilities remaining with the parent after the transfer of legal custody or guardianship, except guardianship pursuant to termination of parental rights, including, but not limited to, right of visitation, consent to adoption, right to determine religious affiliation, and responsibilities for support.

Purpose of Guardianship

Citation: Rev. Stat. § 463:1It is the purpose of this chapter to secure for a child an environment of stability and security by providing for the appointment of a guardian of the person, when such appointment is in the best interests of the child. This chapter is designed to provide procedural and substantive safeguards for the rights of parents and their minor children. Implicit in this chapter shall be the recognition that the interests of a child are generally best promoted in the child’s own home, unless the best interests of the child require substitution or supplementation of parental care and supervision.

A Guardian’s Rights and Responsibilities

Citation: Rev. Stat. §§ 463:12; 169-C:3Except as otherwise expanded or limited by statute or order of court, a guardian of the person of a child has the powers and responsibilities of a parent regarding the child’s support, care, and education, but a guardian is not personally liable for the child’s expenses and is not liable to third persons by reason of the relationship for acts of the child. The guardian shall not be liable for injury to the child resulting from the negligent acts or omissions of third persons unless a parent would have been liable in the same circumstances.

A guardian may:

• Give any necessary consent or approval to enable the child to receive medical or other professional care, counsel, treatment, or service. However, no guardian may give consent for psychosurgery, electroshock, sterilization, or experimental treatment of any kind unless the procedure is first approved by order of the court
• Consent to the marriage or adoption of the child
• If reasonable under all of the circumstances, delegate to the child certain responsibilities for decisions affecting the child’s well-being

The duty and authority of the guardian include, but are not necessarily limited to:

• The authority to consent to marriage; enlistment in the armed forces of the United States, and major medical, psychiatric, and surgical treatment
• The authority to represent the child in legal actions
• The authority to make other decisions of substantial legal significance concerning the child
• The authority and duty of reasonable visitation, except to the extent that such right of visitation has been limited by court order
• The rights and responsibilities of legal custody, except when legal custody has been vested in another individual or in an authorized agency

Qualifying the Guardian

Citation: Rev. Stat. § 463:5In all guardianships of the person, except when an agency or institution is named as the proposed guardian, the court shall review the proposed guardian’s record of criminal convictions maintained by the New Hampshire Division of State Police and any record of founded complaints of child abuse or neglect by the proposed guardian in the child abuse and neglect registry maintained by the Department of Health and Human Services.

Procedures for Establishing Guardianship

Citation: Rev. Stat. §§ 463:5; 463:8Any person may nominate a guardian for a child in a will, by petition, or by written consent to a petition by another. A child age 14 or older or any person or authorized agency interested in the welfare of the child also may petition for appointment of a guardian. The petition shall set forth, so far as is known to the petitioner:

• Whether guardianship is being sought by the department as part of the permanent plan for a child in the department’s custody pursuant to the Adoption and Safe Families Act of 1997 (P.L. 105-89)
• Whether adoption of the child by the proposed guardian is contemplated

The petition shall include a statement describing specific facts concerning actions or omissions involving the child that are claimed to demonstrate that the guardianship is in the best interests of the child.

The burden of proof shall be on the petitioner to establish by a preponderance of the evidence that guardianship is in the best interests of the child.

If a parent objects to the establishment of the guardianship, the court shall hold a hearing. The burden of proof shall be on the petitioner to establish by clear and convincing evidence that the best interests of the child require substitution of parental care and supervision to provide for the essential physical and safety needs of the child or to prevent specific, significant psychological harm to the child.

The consent of the child shall not be necessary for the appointment of a guardian, but the court shall in all cases ascertain the child’s preference and give to it such weight as may seem just.

The court may appoint a guardian as requested if it finds that guardianship is in the best interests of the child and the person nominated is appropriate.

When the court grants guardianship as part of the permanency plan for a child in the department’s custody pursuant to the Adoption and Safe Families Act of 1997, the court shall so specify in its order.

Contents of a Guardianship Order

Citation: Rev. Stat. §§ 463:11; 463.13Letters of guardianship shall be issued to the guardian and shall contain:

• The nature and scope of the guardianship
• Limitations imposed by the court on the guardian
• Whether the guardianship is part of the permanent plan for a child previously under the custody of the department pursuant to the Adoption and Safe Families Act of 1997

The appointment of a guardian of a child shall not relieve the child’s parents, or any other persons liable for the support of the child, from their obligation to provide for such support. The court, at the time of such appointment or at any time thereafter, may order and require the parent(s) or other persons to contribute to the support and maintenance of the child in such amounts and at such times as the court determines to be just and reasonable.

The court may award reasonable visitation rights to the parent or parents. The presumption shall be in favor of liberal visitation rights absent a showing of harm to the child. If a party wishes to have any preexisting court visitation orders incorporated into the guardianship order, that party has the burden of providing said visitation orders to the court for its consideration. The court shall incorporate such visitation orders in its order, unless there has been a change in circumstances that warrants different visitation arrangements. In guardianships granted as part of the permanency plan for a child previously in the department’s custody pursuant to the Adoption and Safe Families Act of 1997, the court may give the guardian discretion to determine visitation.

Modification/Revocation of Guardianship

Citation: Rev. Stat. §§ 463:14; 463:15; 463:16Any person appointed as guardian over the person or of an estate or both shall serve until resignation accepted by the court, removal by the court for cause, death of the guardian, or termination of the guardianship. A guardian desiring to resign shall request court approval of the resignation in writing.

Resignation of a guardian is not effective until either accepted by the court and until a successor guardian is appointed or the guardianship is terminated.

The resignation, removal, or death of the guardian shall not terminate the guardianship unless expressly so ordered by the court. If the guardianship is not terminated by the court, the court shall appoint a successor guardian.

A guardianship of the person or of the estate of a minor shall terminate upon order of the court, the death of the minor, the minor’s 18th birthday, a finding by the court that the minor has been emancipated under relevant State law, or upon the issuance of a final decree of adoption.

Any minor under guardianship of the person who is age 14 or older, or any person interested in the welfare of the minor, may petition for the termination of the guardianship of the person. The guardianship of the person shall be terminated upon a showing, by a preponderance of the evidence, that substitution or supplementation of parental care and supervision is no longer necessary to provide for the essential physical and safety needs of the minor, and that termination of the guardianship will not adversely affect the minor’s psychological well-being.

The court may from time to time, upon application of any person interested in the welfare of the minor, and with notice to all parties, revise or alter any prior orders or make a new order or decree relative to the guardianship of the person, of the estate, or both, as the best interests of the minor or the prudent management of the estate may require.

Eligibility for Guardianship Subsidy

This issue is not addressed in the statutes and regulations reviewed.

Links to Agency Policies

New Hampshire Department of Health and Human Services, A Resource Guide for New Hampshire Relative Caregivers (PDF – 4,254 KB)

Current Through July 2013

Relative Placement for Foster Care and Guardianship

Citation: Ann. Stat. §§ 169-C:3; 169-C:19The term ‘relative’ means parent, grandparent, brother, sister, stepparent, stepbrother, stepsister, uncle, aunt, nieces, nephews, or first and second cousins. Legal custody may be transferred to a child-placing agency or relative.

Requirements for Placement with Relatives

Citation: Ann. Stat. § 169-C:19No child shall be placed with a relative until a written social study of the relative’s home, conducted by a child-placing agency, is submitted to the court.

Requirements for Placement of Siblings

Citation: Ann. Stat. § 169-C:19-d; Admin. Code He-C 6448.10The court shall ensure, whenever reasonable and practical and based on a determination of the best interests of the child, that children who have an existing relationship with siblings and who are separated from their siblings as a result of a court decree, court order, consent order, or court-recommended placement, including, but not limited to, placement in foster homes or in the homes of parents or extended family members, have access to and visiting rights with such siblings throughout the duration of such placement, and subsequent to such placement if the children or their siblings are separated by long-term or short-term foster care placement.

In regulation: The child-placing agency shall ensure that the child being placed is in a program appropriate to his or her needs. Siblings shall be placed together when possible.

Relatives Who May Adopt

Citation: Ann. Stat. § 170-B:2The term ‘related child’ means a child who is related within the second degree of kinship either by blood or affinity. Relatives within the second degree include stepparents, sisters, brothers, grandparents, aunts, or uncles.

Requirements for Adoption by Relatives

Citation: Ann. Stat. § 170-B:18; Admin. Rules HE-C 6448.14In the adoption of a related minor child, the court may, for good cause shown, proceed to a hearing and a decree without an assessment when both of the following circumstances are met:

• The parents of the minor child have surrendered their parental rights.
• The minor child has resided with the petitioners to whom the child is related for at least 3 years prior to filing the petition for adoption.

The court shall require a background check in all private adoption proceedings if there has not been an assessment. The background check will include both a criminal records check conducted by the New Hampshire State police and a search of the abuse and neglect registry maintained by the Department of Health and Human Services.

The court shall require a background check in all adoption proceedings initiated by the department or by another child-placing agency. The background check shall consist of a fingerprint-based criminal record check of national crime information databases for all prospective adoptive parents and a central registry check for all prospective adoptive parents and any other adult living in the home.

In regulation: Preadoptive training shall be optional when the adoptive parent applicant is a relative of the child who has lived with the child for at least 6 months.

Current Through March 2016

What Are Reasonable Efforts

Citation: Rev. Stat. § 169-C:24-aReasonable efforts are services to the family that are accessible, available, and appropriate.

When Reasonable Efforts Are Required

Citation: Rev. Stat. § 169-C:24-aReasonable efforts must be made:

• To prevent placement
• To reunify the family
• To make and finalize a new permanent home for the child

When Reasonable Efforts Are NOT Required

Citation: Rev. Stat. § 169-C:24-aThe State agency shall discontinue reasonable efforts and file a petition for termination of parental rights when one or more of the following circumstances exist:

• The child has been in an out-of-home placement due to a finding of child neglect or abuse for 12 of the most recent 22 months.
• The court has determined that the child has been abandoned.
• The parent has been convicted of murder of another child of the parent, a sibling or stepsibling of the child, the child’s other parent, or other persons related by consanguinity or affinity, including a minor child who resided with the defendant.
• The parent has been convicted of manslaughter of another child of the parent.
• The parent has been convicted of attempt, solicitation, or conspiracy to commit any of the offenses specified above.
• The parent has been convicted of a felony assault that resulted in injury to the child, a sibling or stepsibling of the child, the child’s other parent, or other persons related by consanguinity or affinity, including a minor child who resided with the defendant.

Current Through February 2015

Who Can Nominate a Standby Guardian

Citation:This issue is not addressed in the statutes reviewed.

How to Establish a Standby Guardian

Citation:This issue is not addressed in the statutes reviewed.

How Standby Authority is Activated

Citation:This issue is not addressed in the statutes reviewed.

Involvement of the Noncustodial Parent

Citation:
This issue is not addressed in the statutes reviewed.

Authority Relationship of the Parent and the Standby

Citation:This issue is not addressed in the statutes reviewed.

Withdrawing Guardianship

Citation:This issue is not addressed in the statutes reviewed.