New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 135-C:1 (2024)
Purpose and Policy
✓ 2024 N.H. RSA (Justia copy): later sessions are not included
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135-C:1 Purpose and Policy. –
I. The purpose of this chapter is to enable the department of health and human services to:
(a) Establish, maintain, and coordinate a comprehensive, effective, and efficient system of services for persons with mental illness.
(b) Reduce the occurrence, severity and duration of mental, emotional, and behavioral disabilities.
(c) Prevent mentally ill persons from harming themselves or others.
II. It is the policy of this state to provide to persons who are severely mentally disabled adequate and humane care which, to the extent possible while meeting the purposes of habilitation and treatment, is:
(a) Within each person's own community.
(b) Least restrictive of the person's freedom of movement and ability to function normally in society while being appropriate to the person's individual capacity.
(c) Directed toward eliminating the need for services and promoting the person's independence.
III. It is the policy of this state that mental illness in and of itself is insufficient to involuntarily admit any person into the mental health services system.
I. The purpose of this chapter is to enable the department of health and human services to:
(a) Establish, maintain, and coordinate a comprehensive, effective, and efficient system of services for persons with mental illness.
(b) Reduce the occurrence, severity and duration of mental, emotional, and behavioral disabilities.
(c) Prevent mentally ill persons from harming themselves or others.
II. It is the policy of this state to provide to persons who are severely mentally disabled adequate and humane care which, to the extent possible while meeting the purposes of habilitation and treatment, is:
(a) Within each person's own community.
(b) Least restrictive of the person's freedom of movement and ability to function normally in society while being appropriate to the person's individual capacity.
(c) Directed toward eliminating the need for services and promoting the person's independence.
III. It is the policy of this state that mental illness in and of itself is insufficient to involuntarily admit any person into the mental health services system.
Source. 1986, 212:1. 1995, 310:181, eff. Nov. 1, 1995.
Notes of Decisions
Cited in 18
cases (7 in the last 5 years), 1993–2024 · leading case: Petition of Wayne Sawyer, 167 A.3d 622 (N.H. 2017).
Petition of Wayne Sawyer, 167 A.3d 622 (N.H. 2017). “” RSA 135-C:1, II (2015). Individuals may receive mental health services on a voluntary or involuntary basis.”
In Re Christopher K., 923 A.2d 187 (N.H. 2007). “RSA 135-C:1,1 (2005). Thus, RSA chapter 135-C is aimed at both treating and protecting mentally ill persons and at protecting the public from mentally ill persons who are dangerous.”
In re B.T., 891 A.2d 1193 (N.H. 2006). “See RSA 135-C:1, :6, :27-:54. A person may be involuntarily admitted into an approved treatment facility by either involuntary emergency admission (IEA) or nonemergency involuntary admission, which is commonly referred to as an “involuntary admission.”
Noyes v. Moyer, 829 F. Supp. 9 (D.N.H. 1993). “A review of RSA 135-C:1 et seq., reveals that one may apply for services subject to the determination of the program or facility that the person is eligible to receive services pursuant to RSA 135-C:13.”
Gary Dube & a. v. New Hampshire Dep't of Health & Human Servs. & a., 97 A.3d 241 (N.H. 2014). “” RSA 135-C:1,1(a) (2005). To that end, “[t]he commissioner may adopt rules, pursuant to RSA 541-A, relative to the requirements for services within the state mental health services system,” including, but not limited to, “[qjuality standards for services and treatment provided…”
John Doe, et al. v. Comm'r, New Hampshire Dep't of Health & Human Servs., et al., 2020 DNH 070 (D.N.H. 2020). “” RSA 135-C:1, I(a). The policies, practices, and procedures laid out in the chapter are intended to create a comprehensive and efficient system for addressing mental health issues and treatment needs and for accomplishing the purposes and goals of the chapter.”
In re Perley, 625 A.2d 452 (N.H. 1993). “Recognizing that psychiatry is an inexact science, and that the purpose of the statute is to “[p]revent mentally ill persons from harming themselves or others,” RSA 135-C:1, 1(c) (1990), we hold that a petitioner is not required to prove that the specific act of dangerousness…”
In re Guardianship of D.E., 313 A.3d 692 (N.H. 2023). “” RSA 135-C:1, I(c) (2021). A mentally ill person need not reside exclusively in New Hampshire to pose a danger in New Hampshire to themselves or others.”
John Doe, et al. v. Comm'r, New Hampshire Dep't of Health & Human Services1, 2020 DNH 071 (D.N.H. 2020). “(b) Reduce the occurrence, severity and duration of mental, emotional, and behavioral disabilities.”
John Doe, et al. v. P Comm'r, New Hampshire Dep't of Health & Human Servs., 2023 DNH 020 (D.N.H. 2019). “” RSA 135-C:1,I(a) & 135-C:3. The Commissioner supervises and DHHS maintains and administers the state mental health services system.”
James J. Abraham, Jr. v. P Hillsborough Cnty. Dep't of Corr., et al., 2024 DNH 077 (D.N.H. 2024). “” RSA 135-C:1, I(a), -C:3. Chapter 135-C provides for voluntary and involuntary admissions to the state’s mental health services system, as well as for admissions on an emergency and nonemergency basis.”
Jane Doe v. Comm'r of the New Hampshire Dep't of Health & Human Servs., 174 N.H. 239 (2021). “) The chapter enables DHHS to “[e]stablish, maintain, and coordinate a comprehensive, effective, and efficient system of services for persons with mental illness,” RSA 135-C:1, I(a) (2015), “known as the mental health services system,” Petition of Sawyer, 170 N.”
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