CHAPTER 291
HB 1720-FN – FINAL VERSION
15Feb2006… 0682h
04/20/06 1748s
24May2006… 2313cofc
2006 SESSION
05/03
HOUSE BILL 1720-FN
COMMITTEE: Children and Family Law
This bill establishes additional notice requirements relative to potential liability in delinquency and CHINS proceedings. The bill also requires the court, in CHINS proceedings, to provide both parents, as well as any other person who may be liable for expenses incurred on behalf of the child, with a copy of the CHINS petition and notice of liability.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
15Feb2006… 0682h
04/20/06 1748s
24May2006… 2313cofc
06-2652
05/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to notice of parent liability in CHINS proceedings.
Be it Enacted by the Senate and House of Representatives in General Court convened:
291:1 Children in Need of Services; Petition; Notice of Liability. Amend RSA 169-D:5, I to read as follows:
I. A petition alleging a child is in need of services 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. The petition shall be in writing and verified under oath. The following notice shall be printed on the front of the petition in bold red ink in no smaller than 14 point font size: “See back for important information and financial obligations.” The back of the petition shall include a notice of liability for parents and other individuals chargeable by law for the child’s support and necessities.
291:2 New Paragraph; Children In Need of Services; Notice to Parents of Potential Liability. Amend RSA 169-D:5 by inserting after paragraph VI the following new paragraph:
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.
291:3 Children in Need of Services; Summons; Notice of Potential Liability. Amend RSA 169-D:6, III to read as follows:
III. The summons shall state as follows: “Pursuant to RSA 169-D:29, parents and other individuals chargeable by law for the child’s support and necessities may be liable for expenses incurred in this proceeding including the costs of certain evaluations and placements. RSA 186-C regarding educationally disabled children grants children and their parents certain rights to services from school districts at public expense and to appeal school district decisions regarding services to be provided.”
291:4 Delinquent Children; Petition; Notice of Liability. Amend RSA 169-B:6, I to read as follows:
I. Any person may file a petition, alleging the delinquency of a minor, with a judge or clerk of the court in the judicial district in which the minor is found or resides or where the offense is alleged to have occurred. The petition shall be in writing and verified under oath. The following notice shall be printed on the front of the petition in bold red ink in no smaller than 14 point font size: “See back for important information and financial obligations.” The back of the petition shall include a notice of liability for parents and other individuals chargeable by law for the child’s support and necessities.
291:5 Delinquent Children; Summons; Notice of Liability. Amend RSA 169-B:7, III to read as follows:
III. The summons shall contain a notice of the right to representation by counsel and the available procedures for obtaining counsel. The summons shall also state as follows: “Pursuant to RSA 169-B:40, parents and other individuals chargeable by law for the minor’s support and necessities may be liable for expenses incurred in this proceeding including the costs of certain evaluations and placements. RSA 186-C regarding educationally disabled children grants minors and their parents certain rights to services from school districts at public expense and to appeal school district decisions regarding services to be provided.”
291:6 Effective Date. This act shall take effect 90 days after its passage.
Approved: June 15, 2006
Effective: September 13, 2006