FAC FIGHTING CPS IN NEW HAMPSHIRE - FAMILIES AGAINST CORRUPTION FIGHTING CPS IN NEW HAMPSHIRE

FAC FIGHTING CPS IN NEW HAMPSHIRE

FAMILIES AGAINST CORRUPTION FIGHTING CPS IN NEW HAMPSHIRE

FAC FIGHTING CPS IN NEW HAMPSHIRE is a social network

Events

Add an Event

Groups

HILLSBOROUGH COUNTY

1 member

View All

Blog Posts

Add a Blog Post

MANUALS: CPS, RESOURCE FOR COURTS

1)-- FIRST:

THE CPS MANUAL: GUIDELINES OF HOW CPS IS
SUPPOSED TO HANDLE CPS CASES:

TITLED: CHILD WELFARE POLICY MANUAL:
here is the home page with the link:

http://www.acf. hhs.gov/j2ee/ programs/ cb/laws_policies /laws/cwpm/ index.jsp

ON THE HOME PAGE OF THE ABOVE SITE:
READ THIS AND WEEP:
Child Welfare Policy Manual
As a result of the enactment of "Fostering Connections to Success and Increasing Adoptions Act of 2008" (Public Law 110-351), the relevant CWPM Q/As are in the process of being revised to reflect the many changes made by the law. Until such time as the edits to the sections of the CWPM related to the changes made to the Act by P.L. 110-351 are complete, please refer to the statute and official guidance from the Children's Bureau (such as Program Instructions and Information Memoranda) for definitive guidance on the requirements. You also may contact your Regional Office representative for further clarification.

THE FOLLOWING SENTENCE COMES OUT OF THE
PAGES THAT EXPLAIN TITLE IV E: ADMINISTRATIVE
FUNCTIONS, ETAL:

1. Question: What are the allowable administrative costs in the title IV-E Adoption Assistance Program?

Answer: The Social Security Act, at section 474(a)(3)(B) , permits States with approved title IV-E plans to be reimbursed at a 50 percent matching rate for the costs of administrative activities as found necessary by the Secretary for the proper and efficient administration of the State plan.

2) --SECOND:

THIS IS THE "RESOURCE GUIDELINES, IMPROVING COURT PRACTICES... " and is authored by judges, which is presented by The National Council of Juevenile & Family Court
Judges, which is supposed to be how the family
courts are conducted for cps cases and issues; this was
published in Spring 1995:

http://thesociology center.com/ EvidenceBooks/ CANCCourtPractic es.pdf

3) ---THIRD:
FOR A SPECIAL TREAT: THIS IS A REPORT WRITTEN BY THE SOCIOLOGY CENTER, WHICH REPORTS ON THE ABOVE BOOK/ MANUAL (the one preprepared by council of family court)
THIS REPORT IS DATED 07 07 95:

http://thesociology center.com/ EvidenceBooks/ NationalEmrgncyA lert2005. pdf

4) MORE INFO:

THE CHILD WELFARE INFORMATION GATEWAY:
quick link to cps laws in each state, follow directions:

http://www.childwelfare.gov/systemwide/laws_policies/state/

PLEASE NOTE: WE WILL BE MOVING FROM THE NING NETWORK BEFORE THE END OF JUNE 2010

WELCOME TO
FAMILIES AGAINST CORRUPTION FIGHTING CPS IN THE STATE OF NEW HAMPSHIRE

PLEASE NOTE: WE WILL BE MOVING FROM THE NING NETWORK BEFORE THE END OF JUNE; I WILL SEND OUT NOTICES AND INVITES TO THE NEW SOCIAL NETWORK THAT WE WILL BE MOVING THE STATE OF NEW HAMPSHIRE TO;
THANKS FOR YOUR DEVOTED FRIENDSHIPS; AND IT IS NICE TO MEET YOU ALL, SORRY IT HAD TO BE "THIS WAY!"
LISA NJG

unless you're looking in front of the court house where cps cases are heard in family court!
{Rumor has it that there's a converyor belt hidden under the sidewalks, that runs from the cps office to your friendly neighborhood family court judge; oh, you can count on that!}

Map Courtesy of Digital Map Store

http://www.ocfs.state.ny.us/main/publications/Pub1159.pdf

LINK TO:

Fighting Child Protective Services False Accusations

Photos

Loading…

Videos

www.bringaustinhome.com

Added by Dorothy Knightly

NEW HAMPSHIRE STATE LAWS REGARDING CHILDREN'S PROTECTIVE SERVICES:

NEW HAMPSHIRE STATE LAWS REGARDING CHILDREN'S PROTECTIVE SERVICES, AND HOW THEY CAN LEGALLY KIDNAP/ STEAL OUR CHILDREN, from the webpage:
http://www.childwelfare.gov/systemwide/laws_policies/state/

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

NEW HAMPSHIRE CHILD ABUSE AND NEGLECT:

Cross-Reporting Among Responders to Child Abuse and Neglect
To better understand this issue and to view it across States, see the Cross-Reporting Among Responders to Child Abuse and Neglect: Summary of State Laws (PDF - 267 KB) publication.

N.H. Rev. Stat. Ann. § 169-C:38-a (Lexis Nexis through 2007 Sess.)

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 shall also be designed to protect the rights of all parties affected. The protocol shall specifically address the need to establish safe and appropriate places for interviewing children.

N.H. Rev. Stat. Ann. § 169-C:38 (I)-(II) (LexisNexis through 2007 Sess.)

The Department of Health and Human Services shall immediately, by telephone or in person, refer all cases in which there is reason to believe that any person under the age of 18 years has been sexually molested, sexually 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 to the local law enforcement agency in the community in which the acts of abuse are believed to have occurred. The department shall also make a written report 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.
All law enforcement personnel and department employees shall cooperate in limiting the number of interviews of a child victim and, when appropriate, shall conduct joint interviews of the child. Employees of the department shall share with the investigating police officers all information in their possession which it is lawful for them to disclose to a law enforcement agency. Investigating police officers shall not use or reveal any confidential information shared with them by the department except to the extent necessary for the investigation and prosecution of the case.

Definitions of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Definitions of Child Abuse and Neglect: Summary of State Laws (PDF - 442 KB) publication.

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 Citation: Rev. Stat. § 169-C:3

Sexual abuse means the following activities under circumstances that indicate that the child's health or welfare is harmed or threatened with harm:
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, or incest with children

Emotional Abuse Citation: Rev. Stat. § 169-C:3

Abused child means 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 financially able to provide such support.

Standards for Reporting Citation: Rev. Stat. § 169-C:3

A report is required when a child's health or welfare is harmed or threatened with harm.

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.
Parent means mother, father, or adoptive parent, but such term shall not include a parent as to whom the parent-child relationship has been terminated by judicial decree or voluntary relinquishment.

Exceptions Citation: Rev. Stat. § 169-C:3

No 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.

Definitions of Domestic Violence
To better understand this issue and to view it across States, see the Definitions of Domestic Violence: Summary of State Laws (PDF - 639 KB) publication.

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 following acts by a family or household member or current or former sexual or intimate partner and when such conduct constitutes a credible threat to the plaintiff's safety:
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 who 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.

Disclosure of Confidential Child Abuse and Neglect Records
To better understand this issue and to view it across States, see the Disclosure of Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF - 574 KB) publication.

Confidentiality of Records
Citation: Rev. Stat. §§ 169-C:35; 170-G:8-a

Records in the State registry shall be confidential and subject to rules on access established by the commissioner of the department under RSA 541-A.
The case records of the department shall be confidential.

Persons or Entities Allowed Access to Records
Rev. Stat. § 170-G:8-a

The 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
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 {(SEE THIS ONE!!!)}

This issue is not addressed in the statutes reviewed.

Use of Records for Employment Screening
Citation: Rev. Stat. § 170-G:8-c

The 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.

Establishment and Maintenance of Central Registries for Child Abuse Reports
To better understand this issue and to view it across States, see the Establishment and Maintenance of Central Registries for Child Abuse Reports: Summary of State Laws (PDF - 310 KB) publication.

Establishment
Citation: Rev. Stat. § 169-C:35
A State central registry shall be established by the Department of Health and Human Services.

Purpose
Citation: Rev. Stat. § 169-C:35
The purpose of the registry is maintaining a record of founded reports of child abuse and neglect.

Contents
Citation: Rev. Stat. § 169-C:35
Founded reports shall be maintained in the central registry.

Maintenance
Citation: Rev. Stat. §§ 169-C:35(III); 169-C:35-a
Founded reports of abuse and neglect shall be retained for a period of 7 years subject to an individual's right to petition for the earlier removal of his or her name from the central registry.
The department shall retain a screened-out report for 1 year from the date that the report was screened-out. The department shall retain an unfounded report for 3 years from the date that the department determined the case to be unfounded.

The department may retain generic, nonidentifying information for State and Federal reporting purposes.

Immunity for Reporters of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Immunity for Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 174 KB) publication.

Citation: N.H. Rev. Stat. Ann. § 169-C:31 (LexisNexis through 2008 Spec. Sess.)
Statute:
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.

Making and Screening Reports of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Making and Screening Reports of Child Abuse and Neglect: Summary of State Laws (PDF - 619 KB) publication.

Reporting Procedures

Individual Responsibility
Citation: Rev. Stat. § 169-C:30
A 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:30
The 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

Special Reporting Procedures

Suspicious Deaths
Not addressed in statutes reviewed.

Substance-Exposed Infants
Not addressed in statutes reviewed.

Screening Reports
Citation: Rev. Stat. §§ 169-C:34; 169-C:38-a
If 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.
For 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

Mandatory Reporters of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Mandatory Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 633 KB) publication.

Professionals Required to Report
Citation: Rev. Stat. § 169-C:29

The 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:29

All other persons who have reason to suspect that a child has been abused or neglected must report.

Standards for Making a Report
Citation: Rev. Stat. § 169-C:29

A 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:32

Only 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.

Parental Drug Use As Child Abuse
To better understand this issue and to view it across States, see the Parental Drug Use As Child Abuse: Summary of State Laws (PDF - 324 KB) publication.

Citation: N.H. Rev. Stat. § 639-A:3 (LexisNexis through 2009 Sess.)

Statute Text:

A 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.

Citation: N.H. Rev. Stat. § 639-A:2 (LexixNexis through 2009 Sess.)

Statute Text:

No 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.

PLEASE NOTE FOLLOWING!

Penalties for Failure to Report and False Reporting of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Penalties for Failure to Report and False Reporting of Child Abuse and Neglect: Summary of State Laws (PDF - 166 KB) publication.

Failure to Report
Rev. Stat. § 169-C:39
Anyone who knowingly violates any provision of the reporting laws shall be guilty of a misdemeanor.

False Reporting
Rev. Stat. § 641:4

A person is guilty of a misdemeanor if he or she knowingly gives or causes to be given false information to any law enforcement officer with the purpose of inducing such officer to believe that another has committed an offense.

Review and Expunction of Central Registries and Reporting Records
To better understand this issue and to view it across States, see the Review and Expunction of Central Registries and Reporting Records: Summary of State Laws (PDF - 502 KB) publication.

Right of the Reported Person to Review and Challenge Records
Rev. Stat. § 169-C:35

Upon receipt by the Department of Health and Human Services of a written request and verified proof of identity, an individual shall be informed by the department whether that individual's name is listed in the founded reports maintained in the central registry.
Any individual whose name is listed in the founded reports maintained on the central registry may petition the district court to have his or her name expunged from the registry. A petition to expunge shall be filed in the district court where the abuse and neglect petition was heard. In cases where the department makes a finding but no petition is filed with the court, a petition to expunge shall be filed in the district court where the petition for the abuse and neglect could have been brought.

When a petition to expunge is filed, the district court shall require the department to report to the court concerning any additional founded abuse and neglect reports on the petitioner and shall require that the department submit the petitioner's name, birth date, and address to the State police to obtain information about criminal convictions. The court may require the department to provide any additional information that the court believes may aid it in making a determination on the petition.

Upon the receipt of the department's report, the court may act on the petition without further hearing or may schedule the matter for hearing at the request of either party. If the court determines that the petitioner does not pose a present threat to the safety of children, the court shall grant the petition and order the department to remove the individual's name from the central registry. Otherwise, the petition shall be dismissed.

When an individual's name is added to the central registry, the department shall notify individuals of their right to petition to have their name expunged from the central registry. No petition to expunge shall be brought within 1 year from the date that the petitioner's name was initially entered on the central registry. If the petition to expunge is denied, no further petition shall be brought more frequently than every 3 years thereafter.

When Records Must Be Expunged
Rev. Stat. § 169-C:35-a

The Department of Health and Human Services shall retain a screened-out report for 1 year from the date that the report was screened-out, then the department shall delete or destroy all electronic and paper records of the report.

The department shall retain an unfounded report for 3 years from the date that the department determined the case to be unfounded, then shall delete or destroy all electronic and paper records of the report.

The department shall retain a founded report for 7 years from the date that the subject has exhausted or failed to exercise his or her due process right to appeal the department's determination to found the report, after which time, the department shall delete or destroy all electronic and paper records of the report.

The provisions above, relating to the destruction of the records of founded reports, shall not apply to cases that remain open with the department in excess of 7 years or to adoption records. Upon the closure of a case that has remained open with the department in excess of 7 years, the department shall delete or destroy all electronic and paper records of the report.

CHILD WELFARE:: CASE PLANNING Child Welfare Case Planning for Families Involved With Child Welfare Agencies
To better understand this issue and to view it across States, see the Case Planning for Families Involved With Child Welfare Agencies: Summary of State Laws (PDF - 696 KB) publication.

When Case Plans Are Required
Citation: Rev. Stat. § 170-G:4

A 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 6446.16

The Department of Health and Human Services shall develop the case plan.
[The following is from the New Hampshire Code of Administrative Rules.]

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 6352.03

[Note: This issue is not addressed in the statutes reviewed. The information below is taken from the New Hampshire Code of Administrative Rules.]
A case plan is the Division for Children, Youth and Families (DCYF) written document, pursuant to [statutes] § 170-G:4 III, that 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 other dysfunctional child and family situations.

Concurrent Planning for Permanency for Children
To better understand this issue and to view it across States, see the Concurrent Planning for Permanency for Children: Summary of State Laws (PDF - 200 KB) publication.

Citation: N.H. Rev. Stat. Ann. § 169-C:24-a(II) (LexisNexis through 2007 Reg. Sess.)

Statute Text:

Concurrent with the filing or joinder in a petition for termination of parental rights, the State shall seek to identify, recruit, and approve a qualified family for adoption in accordance with the provisions of § 170-B, and in accordance with the principle that the health and safety of the child shall be the paramount concern.

Court Hearings for the Permanent Placement of Children
To better understand this issue and to view it across States, see the Court Hearings for the Permanent Placement of Children: Summary of State Laws (PDF - 528 KB) publication.

Schedule of Hearings
Citation: Rev. Stat. §§ 169-C:24; 169-C:24-b; 169-C:24-c
The 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 that 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:14
The 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-c
At 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. § 170-C:24-b
At 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

Criminal Background Checks for Prospective Foster and Adoptive Parents
To better understand this issue and to view it across States, see the Criminal Background Checks for Prospective Foster and Adoptive Parents: Summary of State Laws (PDF - 553 KB) publication.

Requirements for Foster Parents
Citation: Rev. Stat. Ann. § 170-E.29; Admin. Rules §§ He-C 6446.07; He-C 6446.27

For an initial application for a foster family home license, the department shall conduct a background check of the prospective foster parents and all household members age 17 or older. The background check shall consist of a fingerprint-based criminal record check of national crime information databases for the prospective foster parents and a central registry check for the prospective foster parents and all household members age 17 or older.
The central registry check shall include a check of the department's central registry of founded reports of child abuse and neglect and a check of the child abuse and neglect registries in any other State in which the prospective foster parents or other adult living in the home has resided in the preceding 5 years.
[From the New Hampshire Administrative Rules] The department may deny an application for or revoke a foster family care license if the applicants are the subject of a founded report of child abuse or neglect in New Hampshire or any other State.
The department shall deny an application for a foster family care license if the applicant:
Has been convicted of a felony for child abuse or neglect, spousal abuse, any crime against children, child pornography, rape, sexual assault, or homicide, but not including other physical assault or battery
Has been convicted of a felony for physical assault, battery, or a drug-related offense within the past 5 years
Has been convicted of a violent or sexually related crime against a child or of a crime that shows the person might be reasonably expected to pose a threat to a child, such as a violent crime or a sexually related crime against an adult
Has a motor vehicle record or is the subject of a report from another source that, following assessment, shows that the applicant might reasonably be expected to pose a threat of harm to a child

Requirements for Adoptive Parents
Citation: Rev. Stat. Ann. § 170-B:18(VI-(VII); Admin. Rules § He-C 6448.13

A background check is required for all private adoptions. The background check shall 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. If the petitioner has lived in another State, the court may also request a search of that State's abuse and neglect registry.
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.
The central registry check shall include a check of the central registry of founded reports of child abuse and neglect and a check of the child abuse and neglect registries in any other State in which the prospective adoptive parent or other adult living in the home has resided in the preceding 5 years.
[From the New Hampshire Administrative Rules.] The minimum requirements for acceptance of the adoptive parent applicants shall include:
The adoptive parent applicant shall not have been convicted of child abuse or neglect or any other serious crime that would affect the ability to care for children.
The adoptive parent applicants and all household members shall be screened by the department for any founded reports of child abuse or neglect.
If a founded report is on file for any member of the adoptive parent applicant's household, DCYF staff in cooperation with staff from the child-placing agency shall conduct a complete review of the circumstances surrounding the report.
After review, if DCYF determines that the household member poses no further threat to any child, the child-placing agency shall proceed with the application process.

Determining the Best Interests of the Child
To better understand this issue and to view it across States, see the Determining the Best Interests of the Child: Summary of State Laws (PDF - 385 KB) publication.

Citation: N.H. Rev. Stat. Ann. § 169-C:2(II) (LexisNexis 2007)

Statute Text:

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 which 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 better the child
To provide effective judicial procedures through which the provisions of this chapter are executed and enforced and which recognize and enforce the constitutional and other rights of the parties and assures them a fair hearing

Citation: N.H. Rev. Stat. Ann. § 169-C:2(I) (LexisNexis 2007)

Statute Text:

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 is 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

Grounds for Involuntary Termination of Parental Rights
To better understand this issue and to view it across States, see the Grounds for Involuntary Termination of Parental Rights: Summary of State Laws (PDF - 444 KB) publication.

Circumstances That Are Grounds for Termination of Parental Rights
Rev. Stat. §§ 169-C:24-a; 170-C:5

A 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 step-sibling 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 step-sibling 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
Rev. Stat. § 169-C:24-a

The 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.

Infant Safe Haven Laws
To better understand this issue and to view it across States, see the Infant Safe Haven Laws: Summary of State Laws (PDF - 660 KB) publication.

Infant's Age
Rev. Stat. § 132-A:2

A child who is not more than 7 days old may be surrendered.

Who May Relinquish the Infant
Rev. Stat. § 132-A:2

The child may be relinquished by his or her parent.

Who May Receive the Infant
Rev. Stat. §§ 132-A:1; 132-A:2

The child may be left at a hospital or a safe haven. ''Safe haven'' means:
A church that is attended by a person
A police or fire station that is attended by a person
A 911 responder at an agreed transfer location

Responsibilities of the Safe Haven Provider
Rev. Stat. §§ 132-A:2; § 132-A:3

A hospital or safe haven that takes temporary care and control of a child shall ensure the provision of any medical services necessary to protect the physical health or safety of the child.
Within 24 hours, the hospital or safe haven shall notify the department and law enforcement officials that the hospital or safe haven has assumed temporary care and control of the child.

Immunity for the Provider
Rev. Stat. § 132-A:4

No person or entity subject to the provisions of this chapter shall be liable for any claim at law or in equity as a result of action taken pursuant to the requirements of this chapter.

Protection for Relinquishing Parent
Rev. Stat. § 132-A:2

The parent is not required to reveal personally identifiable information.

Effect on Parental Rights
Rev. Stat. § 132-A:3

The department assumes temporary care and control of the infant.

Within 24 hours, the department shall request law enforcement officials to investigate the incident using all resources available, including the National Crime Information Center database, to determine if the child is a missing child.

Online Resources for State Child Welfare Law and Policy
To better understand this issue and to view it across States, see the Online Resources for State Child Welfare Law and Policy (PDF - 472 KB) publication.

Statutes:

Website for Statutes: www.gencourt.state.nh.us/rsa/html/indexes/default.html
Citations:

Adoption: Title XII, Chapters 170-B, 170-F
Child Protection: Title XII, Chapter 169-C
Child Welfare: Title XII, Chapters 169-C (§§ 169-C:19 through 169-C:28), 170-A, 170-C, 170-G

Regulation/Policy

Website for Administrative Code: www.dhhs.state.nh.us/DHHS/DCYF/LAWS-RULES-POLICIES/default.htm
Note:
See NH Code of Administrative Rules

Website for Agency Policies: www.dhhs.state.nh.us/DHHS/DCYF/LAWS-RULES-POLICIES/default.htm
Note:
See DHHS Policies

Other Resources

Department of Health and Human Services

Family Services Children's Eligibility Manual
www.dhhs.state.nh.us/FSCEM_htm/NEWFSCEM.HTM

Placement of Children With Relatives
To better understand this issue and to view it across States, see the Placement of Children With Relatives: Summary of State Laws (PDF - 310 KB) publication.

Relative Placement for Foster Care and Guardianship
Citation: Ann. Stat. §§ 169-C:3; 169-C:19
''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:19
No 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.

Relatives Who May Adopt
Citation: Ann. Stat. § 170-B:2

''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
In 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.

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.

Reasonable Efforts to Preserve or Reunify Families and Achieve Permanency for Children
To better understand this issue and to view it across States, see the Reasonable Efforts to Preserve or Reunify Families and Achieve Permanency for Children: Summary of State Laws (PDF - 368 KB) publication.

What Are Reasonable Efforts
Citation: Rev. Stat. § 169-C:24-a
''Reasonable efforts'' are services to the family that are accessible, available, and appropriate.

When Reasonable Efforts Are Required
Citation: Rev. Stat. § 169-C:24-a
Reasonable 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-a
The State agency shall discontinue reasonable efforts and file a petition for termination of parental rights when any 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.

Standby Guardianship
To better understand this issue and to view it across States, see the Standby Guardianship: Summary of State Laws (PDF - 256 KB) publication.