Right to counsel - CHINS proceeding

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Legislation, Child in Need of Supervision Proceedings (incomplete)

New Hampshire recognized that "certain behaviors occurring within a family or school environment indicate that a child is experiencing serious difficulties and is in need of services and corrective action in order to protect the child from the irreversibility of certain choices." N.H. Rev. Stat. Ann. § 169-D:1. A "child in need of service" is defined as "a child under the age of 18 with a diagnosis of severe emotional, cognitive, or other mental health issues who engages in aggressive, fire setting, or sexualized behaviors that pose a danger to the child or others and who is otherwise unable or ineligible to receive services under RSA 169-B or RSA 169-C."  N.H. Rev. Stat. Ann. § 169-D:2(II). In Children in Need of Services proceedings, a child is entitled to appointed counsel. N.H. Rev. Stat. Ann. § 169-D:12 ("[T]he court shall appoint counsel for the child at the time of the initial appearance.")

 

At one point, N.H. Rev. Stat. § 169-D:2(II) defined "child in need of services" to include truancy, but that definition was revised in 2011 to remove that inclusion.

Appointment of Counsel: categorical Qualified: no