New Hampshire Revised Statutes 169-D:10 – Release Prior to Initial Appearance
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I. An officer taking a child into custody pursuant to N.H. Rev. Stat. § 169-D:8 shall release the child to a parent, guardian or custodian pending initial appearance; however, if a parent, guardian or custodian is not available upon taking the child into custody, the court shall be notified, thereupon the child’s release shall be determined by the court.
II. Pending the initial appearance, the court shall release the child to one of the following, which in the court’s opinion is the least restrictive and most appropriate:
(a) A parent or guardian;
(b) A relative or suitable adult;
(c) Where there are reasonable grounds to believe that the child is a runaway under N.H. Rev. Stat. § 169-D:2, II(b) or that the child is a child in need of services under N.H. Rev. Stat. § 169-D:2, II(d), the custody of department of health and human services for placement in a foster home, as defined in N.H. Rev. Stat. § 169-C:3, XIII, a group home, a crisis home, or a shelter care facility with expenses chargeable as provided in N.H. Rev. Stat. § 169-D:29; or
(d) [Repealed.]
(e) An alcohol crisis center certified to accept juveniles.
III. Where there are reasonable grounds to believe that the child is a runaway under N.H. Rev. Stat. § 169-D:2, II(b) or that the child is a child in need of services under N.H. Rev. Stat. § 169-D:2, II(d) and there is no shelter care/detention bed available, nor an appropriate parent, guardian, or custodian as defined in paragraph II of this section available, the court or the officer taking the child into temporary custody shall notify the department. If the child cannot be referred to an alternative to secure detention, the court shall make an order authorizing the department to place the child. The department shall then promptly arrange for placement of the child.
II. Pending the initial appearance, the court shall release the child to one of the following, which in the court’s opinion is the least restrictive and most appropriate:
Terms Used In New Hampshire Revised Statutes 169-D:10
- 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.
(a) A parent or guardian;
(b) A relative or suitable adult;
(c) Where there are reasonable grounds to believe that the child is a runaway under N.H. Rev. Stat. § 169-D:2, II(b) or that the child is a child in need of services under N.H. Rev. Stat. § 169-D:2, II(d), the custody of department of health and human services for placement in a foster home, as defined in N.H. Rev. Stat. § 169-C:3, XIII, a group home, a crisis home, or a shelter care facility with expenses chargeable as provided in N.H. Rev. Stat. § 169-D:29; or
(d) [Repealed.]
(e) An alcohol crisis center certified to accept juveniles.
III. Where there are reasonable grounds to believe that the child is a runaway under N.H. Rev. Stat. § 169-D:2, II(b) or that the child is a child in need of services under N.H. Rev. Stat. § 169-D:2, II(d) and there is no shelter care/detention bed available, nor an appropriate parent, guardian, or custodian as defined in paragraph II of this section available, the court or the officer taking the child into temporary custody shall notify the department. If the child cannot be referred to an alternative to secure detention, the court shall make an order authorizing the department to place the child. The department shall then promptly arrange for placement of the child.