New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 169-C:2 (2024)
Purpose
✓ 2024 N.H. RSA (Justia copy): later sessions are not included
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169-C:2 Purpose. –
I. It is the primary 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. The best interest of the child shall be the primary consideration of the court in all proceedings under this chapter.
II. It is a further purpose of this chapter 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 the child's own home, the care, emotional security, guidance, and control that will promote the child's best interest; 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 parents and state and local authorities, in cooperation with private agencies and organizations, citizens' groups, and concerned individuals, to:
(a) Protect the safety of the child.
(b) Take such action as may be necessary to prevent the abuse or neglect of children.
(c) Determine if the preservation of family unity is in the best interest of the child.
(d) Provide protection, treatment, and rehabilitation, as needed, to children placed in alternative care.
(e) Provide assistance to parents to deal with and correct problems in order to avoid removal of children from the family.
III. This chapter shall be liberally construed to the end that its purpose may be carried out, to wit:
(a) To encourage the mental, emotional, and physical development of each child coming within the provisions of this chapter, by providing the child with the protection, care, treatment, counseling, supervision, and rehabilitative resources which the child needs and has a right to receive.
(b) To achieve the foregoing purposes and policies, whenever it is in the best interest of the child, 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 the child's welfare or the interests of the public safety and when it can be clearly shown that a change in custody will be in the best interest of the child; and
(c) 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.
I. It is the primary 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. The best interest of the child shall be the primary consideration of the court in all proceedings under this chapter.
II. It is a further purpose of this chapter 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 the child's own home, the care, emotional security, guidance, and control that will promote the child's best interest; 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 parents and state and local authorities, in cooperation with private agencies and organizations, citizens' groups, and concerned individuals, to:
(a) Protect the safety of the child.
(b) Take such action as may be necessary to prevent the abuse or neglect of children.
(c) Determine if the preservation of family unity is in the best interest of the child.
(d) Provide protection, treatment, and rehabilitation, as needed, to children placed in alternative care.
(e) Provide assistance to parents to deal with and correct problems in order to avoid removal of children from the family.
III. This chapter shall be liberally construed to the end that its purpose may be carried out, to wit:
(a) To encourage the mental, emotional, and physical development of each child coming within the provisions of this chapter, by providing the child with the protection, care, treatment, counseling, supervision, and rehabilitative resources which the child needs and has a right to receive.
(b) To achieve the foregoing purposes and policies, whenever it is in the best interest of the child, 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 the child's welfare or the interests of the public safety and when it can be clearly shown that a change in custody will be in the best interest of the child; and
(c) 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.
Source. 1979, 361:2. 1983, 331:1, 2, eff. Aug. 17, 1983. 2017, 156:197, eff. July 1, 2017. 2020, 26:37, eff. July 20, 2020.
Notes of Decisions
Cited in 34
cases (8 in the last 5 years), 1981–2024 · leading case: In re C.M., 48 A.3d 942 (N.H. 2012).
In re C.M., 48 A.3d 942 (N.H. 2012). “See RSA 169-C:2 (2002). Unlike in proceedings to terminate parental rights, in abuse or neglect proceedings the deficiencies that formed the basis for the initial petition may be rectified and the parental ties are not permanently severed.”
In re Shelby R., 804 A.2d 435 (N.H. 2002). “” RSA 169-C:2,1. We identify two important State interests advanced by the Act: (1) protecting children; and (2) protecting the rights of all parties involved in abuse or neglect proceedings.”
In re Tracy M., 624 A.2d 963 (N.H. 1993). “” RSA 169-C:2 (emphasis added). Consequently, we consider the interest of both the petitioner and the child in determining what process is due.”
In re S.T., 151 A.3d 522 (N.H. 2016). “” RSA 169-C:2, I (2014). The chapter “shall be liberally construed to the end that its purpose may be carried out, to wit, .”
In Re Juv. 2006-833, 937 A.2d 297 (N.H. 2007). “” The respondent *486 argues that this error violated: (1) RSA 169-C:2 (2002), RSA 169-C:24-a and RSA 170-C:5, III (2002); (2) her right to due process; and (3) her right to equal protection.”
In re Doe, 564 A.2d 433 (N.H. 1989). “RSA 169-C:2, I (Supp. 1988). To effect the law’s purposes, RSA 169-C:29 (Supp.”
In re Jeffrey G., 892 A.2d 1234 (N.H. 2006). “” RSA 169-C:2, I (2002) (emphasis added). Thus, when appropriate, and pursuant to enumerated procedures in the statute, RSA chapter 169-C provides for emergency interim relief, see RSA 169-C:6-a, as well as temporary placement with relatives or other appropriate third parties.”
In Re Father 2006-360, 921 A.2d 409 (N.H. 2007). “” RSA 169-C:2,1. We identify two important State interests advanced by the Act: (1) protecting children; and (2) protecting the rights of all parties involved in abuse or neglect proceedings.”
In Re Cierra L., 13 A.3d 209 (N.H. 2010). “” RSA 169-C:2,1 (2002). It bears emphasizing that RSA 169-C:28, I, delineates no particular time frame for conducting an adjudicatory hearing in a de novo appeal under the chapter.”
In re Kristopher B., 486 A.2d 277 (N.H. 1984). “The defendant’s first argument is that the division of welfare had a statutory obligation to assist the defendant in retaining custody of her son Kristopher under RSA 169-C:2, 11(b) (Supp. 1983) and RSA 170-C:5, IV (Supp.”
In re Adam M., 802 A.2d 1218 (N.H. 2002). “” RSA 169-C:2, I (1994). To this end, the statute contemplates the placement in a foster home of a child who is neglected.”
In re C.O. In re G.L., 203 A.3d 870 (N.H. 2019). “RSA chapter 169-C establishes a judicial framework for "the adjudication of child abuse or neglect cases," RSA 169-C:2, I-II (Supp. 2018), a proceeding which is initiated by the filing of an **759 abuse or neglect petition.”
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