New Hampshire Revised Statutes 169-D:12 – Appointment of Counsel; Waiver of Counsel
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I. Absent a valid waiver, the court shall appoint counsel for the child at the time of the initial appearance. If the court believes that the minor has a cognitive, emotional, learning, or sensory disability, the court shall require the minor to consult with counsel.
II. The court may accept a waiver of counsel from a child alleged to be in need of services only when:
(a) The parent, guardian, or custodian did not file the petition;
(b) Both the child and parent, guardian, or custodian agree to waive counsel;
(c) In the court’s opinion, the waiver is made competently, voluntarily, and with full understanding of the consequences; and
(d) The petition does not allege that the child is in need of services pursuant to N.H. Rev. Stat. § 169-D:2, II(d).
III. Whenever the court places the child outside his or her home, the court shall ensure that the child is continuously represented by counsel until the case is closed pursuant to N.H. Rev. Stat. § 169-D:3, III. Appointment of counsel pursuant to this paragraph shall be made at a time sufficiently in advance of the decision to place the child outside the home to allow counsel to provide effective representation on the issue of placement.
II. The court may accept a waiver of counsel from a child alleged to be in need of services only when:
Terms Used In New Hampshire Revised Statutes 169-D:12
- 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.
- 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
(a) The parent, guardian, or custodian did not file the petition;
(b) Both the child and parent, guardian, or custodian agree to waive counsel;
(c) In the court’s opinion, the waiver is made competently, voluntarily, and with full understanding of the consequences; and
(d) The petition does not allege that the child is in need of services pursuant to N.H. Rev. Stat. § 169-D:2, II(d).
III. Whenever the court places the child outside his or her home, the court shall ensure that the child is continuously represented by counsel until the case is closed pursuant to N.H. Rev. Stat. § 169-D:3, III. Appointment of counsel pursuant to this paragraph shall be made at a time sufficiently in advance of the decision to place the child outside the home to allow counsel to provide effective representation on the issue of placement.