New Hampshire Revised Statutes 169-B:6 – Petition
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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 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 financial responsibility for services, programs, and placement provided under this chapter.
II. To be legally sufficient, the petition must set forth with particularity, but not be limited to, the date, time, manner, and place of the conduct alleged and shall state the statutory provision alleged to have been violated, and shall be entitled, “In the interest of __________ , a minor.”
III. Absent serious threats to school safety, when a delinquency petition is filed by a school official, including a school resource officer assigned to a school district pursuant to a contract agreement with the local police department, or when a petition is filed by a local police department as a result of a report made by a school official or school resource officer, based upon acts committed on school grounds during the school day, information shall be included in the petition which shows that the legally liable school district has sought to resolve the expressed problem through available educational approaches, including the school discipline process, if appropriate, that the school has sought to engage the parents or guardian in solving the problem but they have been unwilling or unable to do so, that the minor has not responded to such approaches and continues to engage in delinquent behavior, and that court intervention is needed.
IV. When a school official, including a school resource officer assigned to a school district pursuant to a contract agreement with the local police department, or a local police department as a result of a report made by a school official or school resource officer, files a petition involving a minor with a disability pursuant to RSA 186-C, upon submission of a juvenile petition, but prior to the child’s initial appearance, the legally liable school district shall provide assurance that prior to its filing:
(a) It was determined whether or not the child is a child with a disability according to N.H. Rev. Stat. § 186-C:2, I.
(b) If the school district has determined that the child is a child with a disability, a manifestation review pursuant to 20 U.S.C. § 1415(k)(1)(E) occurred.
(c) If the child’s conduct was determined to be a manifestation of the child’s disability, the school district followed the process set forth in 20 U.S.C. § 1415(k)(1)(F).
(d) It has reviewed for appropriateness the minor’s current individualized education program (IEP), behavior intervention plan, and placement, and has made modifications where appropriate.
II. To be legally sufficient, the petition must set forth with particularity, but not be limited to, the date, time, manner, and place of the conduct alleged and shall state the statutory provision alleged to have been violated, and shall be entitled, “In the interest of __________ , a minor.”
Terms Used In New Hampshire Revised Statutes 169-B:6
- Contract: A legal written agreement that becomes binding when signed.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
III. Absent serious threats to school safety, when a delinquency petition is filed by a school official, including a school resource officer assigned to a school district pursuant to a contract agreement with the local police department, or when a petition is filed by a local police department as a result of a report made by a school official or school resource officer, based upon acts committed on school grounds during the school day, information shall be included in the petition which shows that the legally liable school district has sought to resolve the expressed problem through available educational approaches, including the school discipline process, if appropriate, that the school has sought to engage the parents or guardian in solving the problem but they have been unwilling or unable to do so, that the minor has not responded to such approaches and continues to engage in delinquent behavior, and that court intervention is needed.
IV. When a school official, including a school resource officer assigned to a school district pursuant to a contract agreement with the local police department, or a local police department as a result of a report made by a school official or school resource officer, files a petition involving a minor with a disability pursuant to RSA 186-C, upon submission of a juvenile petition, but prior to the child’s initial appearance, the legally liable school district shall provide assurance that prior to its filing:
(a) It was determined whether or not the child is a child with a disability according to N.H. Rev. Stat. § 186-C:2, I.
(b) If the school district has determined that the child is a child with a disability, a manifestation review pursuant to 20 U.S.C. § 1415(k)(1)(E) occurred.
(c) If the child’s conduct was determined to be a manifestation of the child’s disability, the school district followed the process set forth in 20 U.S.C. § 1415(k)(1)(F).
(d) It has reviewed for appropriateness the minor’s current individualized education program (IEP), behavior intervention plan, and placement, and has made modifications where appropriate.