N.H. Rev. Stat. § 169-D:5

Current through the 2024 Legislative

Section 169-D:5 - Petition

(a) A petition alleging that a child is in need of services under RSA 169-D:2, II(a) may be filed by a truant officer or school official from the school district where the child is attending school with a judge or clerk of the court in the judicial district where the child is found or resides. In accordance with RSA 189:36, II, a truant officer or school official shall not file a petition alleging that a child is in need of services under RSA 169-D:2, II(a) until all steps in the school district's intervention process under RSA 189:34, II have been followed.

(b) A petition alleging that a child is in need of services under RSA 169-D:2, II(b) or RSA 169-D:2, II(c) may be filed by a parent, legal guardian or custodian, school official, or law enforcement officer with a judge or clerk of the court in the judicial district in which the child is found or resides.

(c) A petition alleging that a child is in need of services under RSA 169-D:2, II(d) may, with the consent of the department, be filed by a parent, legal guardian or custodian, school official, or law enforcement officer with a judge or clerk of the court in the judicial district in which the child is found or resides.

I-a. The petition shall be in writing and verified under oath. The following notice shall be printed on the front of the petition in bold in no smaller than 14 point font size: "See back for important information and financial obligations." The back of the petition shall include the following notice: "If you have private insurance coverage, you may be required to cooperate with your insurance carrier and assign benefits to the department of health and human services for covered services provided to your child or family in this proceeding.

II. To be legally sufficient, the petition must set forth with particularity, but not be limited to, the date, time, manner and place of the conduct alleged and should state the statutory provision alleged to have been violated.

II-a. Any petition filed shall include language demonstrating whether appropriate voluntary services have been attempted, the nature of voluntary services attempted, and the reason court compulsion is necessary. The petition also shall include information regarding the department's determination as to whether voluntary services are appropriate for the child or family under RSA 169-D:5-c. Refusal of the child to participate in the development of a voluntary family services plan may constitute sufficient information that voluntary service and support options have been unsuccessful.

III. If the parents of a child are filing the petition, they shall include information which shows that the child and family have sought to resolve the expressed problem through available community alternatives, that the problem still remains, and that court intervention is needed.

IV. [Repealed.]

V. Except as provided in paragraph VI, when a school official is filing the petition, information shall be included which shows that the legally liable school district has sought to resolve the expressed problem through available educational approaches, that the school district has sought to engage the parents or guardian in solving the problem but they have been unwilling or unable to do so; that the problem remains, and that court intervention is needed.

VI. When a school official is filing a petition involving a child with a disability pursuant to RSA 186-C, he or she shall include information which demonstrates that the legally liable school district:

(a) Has determined that the child has a disability; and

(b) Has reviewed for appropriateness the child's current individualized education program (IEP) and placement, and has made modifications where appropriate.

VII. Using local law enforcement personnel, the court shall serve both parents, and any other individual chargeable by law for the child's support, with a copy of any petition filed under this section. The court shall request the appropriate contact information from the party filing the petition.

VIII. The department shall develop a brochure that describes the department's responsibility for the cost of services provided under this chapter. The brochure shall include a statement that the department may require a parent or guardian to assign insurance benefits to the department for services provided under this chapter. The brochure shall also clarify that the legally liable school district is responsible for any special education costs. The brochure shall be available to the public and shall be distributed at the earliest available opportunity to parents and others responsible for the minor's support who are requesting or receiving voluntary or court ordered services. The department also shall provide its case workers with information and training on the requirements of this chapter.

RSA 169-D:5

Amended by 2021 , 91: 32, eff. 7/1/2021.

Amended by 2020 , 26: §§22, 23 eff. 1/1/2021 (later changed to 7/1/2020).

Amended by 2019 , 196: §§1, 4 eff. 9/8/2019.

Amended by 2014 , 57: §§1, 3 eff. 1/1/2015.

Amended by 2013 , 249: §§4, 5 eff. 9/1/2013.

Amended by 2012 , 110: 1, eff. 5/29/2012.

Amended by 2011 , 224: 280, eff. 9/30/2011.

1979, 361:2. 1989, 285:7. 1990, 201:9. 1995, 308:75. 1999, 266:4. 2006, 291 : 1 , 2. 2008, 274 : 11 . 2009, 302 : 2 . 2011, 224 : 280 . 2012, 110 : 1 , II. 2013, 249 : 4 , 5, eff. Sept. 1, 2013. 2014, 57 : 1 , 3, eff. Jan. 1, 2015. 2019, 196 : 1 , 4, eff. Sept. 8, 2019. 2020, 26 : 22 , 23, eff. July 1, 2020.