New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 171-A:6 (2026)
Entry Into the Service Delivery System
✓ current as of May 2026
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171-A:6 Entry Into the Service Delivery System. –
I. A person seeking service shall make application in accordance with rules adopted by the commissioner to the area agency in his or her appropriate geographic region as designated by rule pursuant to RSA 171-A:2, I-b.
II. A comprehensive screening evaluation, coordinated by the staff of the area agency, shall determine the scope of the person's disability and the locus and nature of services to be provided and shall include an assistive technology evaluation both as part of the person's initial evaluation and at least on an annual basis thereafter when the person is screened for an assistive technology evaluation. The commissioner shall adopt rules pursuant to RSA 541-A relative to the evaluation. The initial evaluation shall include, but not be limited to, a physical examination and individual intellectual assessment and functional behavior scales and shall take into account the provisions of and services established under RSA 186-A.
III. A recommendation for services by the area agency shall utilize the criterion of the least restrictive environment for the client and shall be made to the service which best meets the needs of the client. Preliminary evaluations shall be completed and preliminary recommendations for services made within 21 days after application for service.
IV. In an emergency situation and in the discretion of the commissioner, temporary service arrangements may be made prior to the completion of the screening evaluation.
V. The commissioner shall adopt rules pursuant to RSA 541-A establishing hearing procedures to determine the appropriateness of a service recommendation which is challenged by the client, his or her attorney or family.
I. A person seeking service shall make application in accordance with rules adopted by the commissioner to the area agency in his or her appropriate geographic region as designated by rule pursuant to RSA 171-A:2, I-b.
II. A comprehensive screening evaluation, coordinated by the staff of the area agency, shall determine the scope of the person's disability and the locus and nature of services to be provided and shall include an assistive technology evaluation both as part of the person's initial evaluation and at least on an annual basis thereafter when the person is screened for an assistive technology evaluation. The commissioner shall adopt rules pursuant to RSA 541-A relative to the evaluation. The initial evaluation shall include, but not be limited to, a physical examination and individual intellectual assessment and functional behavior scales and shall take into account the provisions of and services established under RSA 186-A.
III. A recommendation for services by the area agency shall utilize the criterion of the least restrictive environment for the client and shall be made to the service which best meets the needs of the client. Preliminary evaluations shall be completed and preliminary recommendations for services made within 21 days after application for service.
IV. In an emergency situation and in the discretion of the commissioner, temporary service arrangements may be made prior to the completion of the screening evaluation.
V. The commissioner shall adopt rules pursuant to RSA 541-A establishing hearing procedures to determine the appropriateness of a service recommendation which is challenged by the client, his or her attorney or family.
Source. 1975, 242:1. 1979, 322:2, II. 1981, 492:22, 23. 1995, 310:172. 2001, 101:5. 2007, 363:6, eff. July 1, 2007.
Notes of Decisions
Cited in 12
cases (2 in the last 5 years), 1980–2023 · leading case: Garrity v. Gallen, 522 F. Supp. 171 (D.N.H. 1981).
Garrity v. Gallen, 522 F. Supp. 171 (D.N.H. 1981). “RSA 171-A:6 II, and that a hearing be afforded to any applicant who challenges the appropriateness of his or her placement, or whose legal guardian challenges same.”
Petition of Wayne Sawyer, 167 A.3d 622 (N.H. 2017). “See RSA 171-A:6, I (2014); N.H. Admin. R., He-M 503.”
In re Strandell, 562 A.2d 173 (N.H. 1989). “(Monadnock) for a community placement and other habilitative services pursuant to RSA 171-A:6 (Supp. 1988) and Rule He-M 503.”
In re Guillemette, 199 A.3d 735 (N.H. 2018). “3d 622 ; see RSA 171-A:6, I (2014); N.H. Admin. R. , He-M 503.”
Region 10 Client Mgmt., Inc. v. Town of Hampstead, 424 A.2d 207 (N.H. 1980). “RSA 171-A:6 I (Supp. 1979). Residential placement is clearly contemplated, with periodic review under the supervision of State officials and comprehensive guarantees of the rights of the retarded.”
In Re Parker, 969 A.2d 322 (N.H. 2009). “RSA 171-A:6, II (Supp. 2008). Designated area agencies may utilize funds to establish programs and services for persons with developmental disabilities and may enter into contracts with individuals or organizations to provide programs or services.”
N. New Hampshire Mental Health Hous., Inc. v. Town of Conway, 435 A.2d 136 (N.H. 1981). “1979), rights of clients and patients, compare RSA 135-B:42, :45 and :46 with RSA 171-A:14 and :15, and procedures for placement in community programs, compare RSA 135-B:44-:48 with RSA 171-A:6 and :11. In fact, the statutory source of the program for the development of…”
In re Moore Ctr. Servs., Inc., 836 A.2d 758 (N.H. 2003). “Pursuant to RSA 171-A:6 (2002), William’s court-appointed guardian filed an application requesting petitioner MCS, as the local area agency, to determine whether William is developmentally disabled and eligible for state-funded services.”
Petition of Kyle Guillemette (N.H. 2018). “at 199 ; see RSA 171-A:6, I (2014); N.H. Admin. R., He-M 503.”
Janessa Verrill & a. v. Comm'r of the New Hampshire Dep't of Health & Human Servs. & a. (N.H. 2023). “See RSA 171-A:6 (2022). LRCS determined that she was “‘eligible for and in need of developmental services’ including ‘home and community-based services’ pursuant to RSA 171-A and administrative rules [promulgated thereunder].”
Petition of M.P. (N.H. 2023). “RSA 171-A:6, I; N.H. Admin. R., He-M 503.”
Petition of Arnold Grodman (N.H. 2019). “See RSA 171-A:6, I (2014). Gateway declined the transfer request pursuant to New Hampshire Administrative Rule, He-M 503.”
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