Terms Used In New Hampshire Revised Statutes > Chapter 169-C
- Abandoned: means the child has been left by his parent, guardian or custodian, without provision for his care, supervision or financial support although financially able to provide such support. See New Hampshire Revised Statutes 169-C:3
- Abused child: means any child who has been:
(a) Sexually abused; or
(b) Intentionally physically injured; or
(c) Psychologically injured so that said child exhibits symptoms of emotional problems generally recognized to result from consistent mistreatment or neglect; or
(d) Physically injured by other than accidental means; or
(e) Subjected, by any person, to human trafficking as defined in RSA 633:7; or
(f) Subjected to an act prohibited by RSA 632-A:10-d. See New Hampshire Revised Statutes 169-C:3
- Adjudicatory hearing: means a hearing to determine the truth of the allegations in the petition filed under this chapter. See New Hampshire Revised Statutes 169-C:3
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Allegation: something that someone says happened.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Armed forces: means the United States Army, Army Reserve, Navy, Naval Reserve, Marine Corps, Marine Corps Reserve, Air Force, Air Force Reserve, Coast Guard, Coast Guard Reserve, Army National Guard, and the Air National Guard. See New Hampshire Revised Statutes 21:50
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- Arrest: Taking physical custody of a person by lawful authority.
- Child: means any person who has not reached his eighteenth birthday. See New Hampshire Revised Statutes 169-C:3
- Child placing agency: means the department, Catholic charities of New Hampshire, or child and family services of New Hampshire, or any successor organization. See New Hampshire Revised Statutes 169-C:3
- children: means any individual who is under the age of 18 years. See New Hampshire Revised Statutes 169-C:3
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Concurrent plan: means an alternate permanency plan in the event that a child cannot be safely reunified with his or her parents. See New Hampshire Revised Statutes 169-C:3
- Consent order: means a written agreement entered into among or between the parties regarding the facts and the disposition in a neglect or abuse case, and approved by the court. See New Hampshire Revised Statutes 169-C:3
- Continuance: Putting off of a hearing ot trial until a later time.
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Court: means the district court, unless otherwise indicated. See New Hampshire Revised Statutes 169-C:3
- Custodian: means an agency or person, other than a parent or guardian, licensed pursuant to RSA 170-E to whom legal custody of the child has been given by court order. See New Hampshire Revised Statutes 169-C:3
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Department: means the department of health and human services. See New Hampshire Revised Statutes 169-C:3
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Dispositional hearing: means a hearing held after a finding of abuse or neglect to determine what dispositional order should be made on behalf of the child. See New Hampshire Revised Statutes 169-C:3
- Docket: A log containing brief entries of court proceedings.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Felony: A crime carrying a penalty of more than a year in prison.
- 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
- Foster home: means a residential care facility licensed pursuant to RSA 170-E for child care in which family care and training are provided on a regular basis for no more than 6 unrelated children, unless all the children are of common parentage. See New Hampshire Revised Statutes 169-C:3
- Founded report: means a report made pursuant to this chapter for which the department finds by a preponderance of the evidence that the child who is the subject of such report is abused or neglected. See New Hampshire Revised Statutes 169-C:3
- Guardian: means a parent or person appointed by a court having jurisdiction with the duty and authority to make important decisions in matters having a permanent effect on the life and development of the child, and to be concerned about the general welfare of the child. See New Hampshire Revised Statutes 169-C:3
- Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
- Household member: means any person living with the parent, guardian, or custodian of the child from time to time or on a regular basis, who is involved occasionally or regularly with the care of the child. See New Hampshire Revised Statutes 169-C:3
- Imminent danger: means circumstances or surroundings causing immediate peril or risk to a child's health or life. See New Hampshire Revised Statutes 169-C:3
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- justice: when applied to a magistrate, shall mean a justice of a municipal court, or a justice of the peace having jurisdiction over the subject-matter. See New Hampshire Revised Statutes 21:12
- Legal custody: means a status created by court order embodying the following rights and responsibilities unless otherwise modified by court order:
(a) The right to determine where and with whom the child shall live;
(b) The right to have the physical possession of the child;
(c) The right and the duty to protect and constructively discipline the child; and
(d) The responsibility to provide the child with food, clothing, shelter, education, emotional security and ordinary medical care provided that such rights and responsibilities shall be exercised subject to the power, rights, duties and responsibilities of the guardian of the child and subject to residual parental rights and responsibilities if these have not been terminated by judicial decree. See New Hampshire Revised Statutes 169-C:3
- Legal supervision: means a legal status created by court order wherein the child is permitted to remain in his home under the supervision of a child placing agency subject to further court order. See New Hampshire Revised Statutes 169-C:3
- Lien: A claim against real or personal property in satisfaction of a debt.
- Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
- month: shall mean a calendar month, and the word "year" a calendar year, unless otherwise expressed; and the word "year" shall be equivalent to the expression "year of our Lord. See New Hampshire Revised Statutes 21:8
- Neglected child: means a child:
(a) Who has been abandoned by his or her parents, guardian, or custodian; or
(b) Who is without proper parental care or control, subsistence, education as required by law, or other care or control necessary for the child's physical, mental, or emotional health, when it is established that the child's health has suffered or is likely to suffer serious impairment; and the deprivation is not due primarily to the lack of financial means of the parents, guardian, or custodian; or
(c) Whose parents, guardian or custodian are unable to discharge their responsibilities to and for the child because of incarceration, hospitalization or other physical or mental incapacity;
Provided, that no child who is, in good faith, under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for that reason alone, be considered to be a neglected child under this chapter. See New Hampshire Revised Statutes 169-C:3
- Notice: means communication given in person or in writing to the parent, guardian, custodian or other interested party not having custody or control of the child, of the time and place fixed for hearing; and it shall be given in all cases, unless it appears to the court that such notice will be ineffectual. See New Hampshire Revised Statutes 169-C:3
- oath: shall include "affirmation" in all cases where by law an affirmation may be substituted for an oath; and, in like cases, the word "sworn" shall include the word "affirmed. See New Hampshire Revised Statutes 21:24
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- out-of-home care: includes child day care, and any other settings in which children are given care outside of their homes. See New Hampshire Revised Statutes 169-C:3
- Out-of-home placement: means the placement of a child in substitute care with someone other than the child's biological parent or parents, adoptive parent or parents, or legal guardian. See New Hampshire Revised Statutes 169-C:3
- Parent: means mother, father, adoptive parent, but such term shall not include a parent as to whom the parent-child relationship has been terminated by judicial decree or voluntary relinquishment. See New Hampshire Revised Statutes 169-C:3
- Party having an interest: means the child; the guardian ad litem of the child; the child's parent, guardian or custodian; the state; or any household member subject to court order. See New Hampshire Revised Statutes 169-C:3
- Permanency hearing: means a court hearing for a child in an out-of-home placement to review, modify, and/or implement the permanency plan or to adopt the concurrent plan. See New Hampshire Revised Statutes 169-C:3
- Permanency plan: means a plan for a child in an out-of-home placement that is adopted by the court and provides for timely reunification, termination of parental rights or parental surrender when an adoption is contemplated, guardianship with a fit and willing relative or another appropriate party, or another planned permanent living arrangement. See New Hampshire Revised Statutes 169-C:3
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Personal property: All property that is not real property.
- 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
- petitioner: shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
- Probable cause: means facts and circumstances based upon accurate and reliable information, including hearsay, that would justify a reasonable person to believe that a child subject to a report under this chapter is abused or neglected. See New Hampshire Revised Statutes 169-C:3
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Protective custody: means the status of a child who has been taken into physical custody by a police officer or juvenile probation and parole officer because the child was in such circumstances or surroundings which presented an imminent danger to the child's health or life and where there was not sufficient time to obtain a court order. See New Hampshire Revised Statutes 169-C:3
- Protective supervision: means the status of a child who has been placed with a child placing agency pending the adjudicatory hearing. See New Hampshire Revised Statutes 169-C:3
- Quorum: The number of legislators that must be present to do business.
- Relative: means parent, grandparent, brother, sister, stepparent, stepbrother, stepsister, uncle, aunt, nieces, nephews or first and second cousins. See New Hampshire Revised Statutes 169-C:3
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Residual parental rights and responsibilities: means those rights and responsibilities remaining with the parent after the transfer of legal custody or guardianship except guardianship pursuant to termination of parental rights, including, but not limited to, right of visitation, consent to adoption, right to determine religious affiliation and responsibilities for support. See New Hampshire Revised Statutes 169-C:3
- Screened-out report: means a report made pursuant to this chapter that the department has determined does not rise to the level of a credible report of abuse or neglect and is not referred for assessment. See New Hampshire Revised Statutes 169-C:3
- seal: shall include an impression of the official seal made upon the paper alone, as well as an impression thereof made by means of wax, or a wafer, affixed thereto. See New Hampshire Revised Statutes 21:11
- Serious impairment: means a substantial weakening or diminishment of a child's emotional, physical, or mental health or of a child's safety and general well-being. See New Hampshire Revised Statutes 169-C:3
- Sexual abuse: means the employment, use, persuasion, inducement, enticement, or coercion of any child to engage in, or having a child assist any other person to engage in, any sexually explicit conduct or any simulation of such conduct for the purpose of producing any visual depiction of such conduct; or the rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children. See New Hampshire Revised Statutes 169-C:3
- 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
- Subpoena: A command to a witness to appear and give testimony.
- Summons: Another word for subpoena used by the criminal justice system.
- sworn: when applied to public officers required by the constitution to take oaths therein prescribed, shall refer to those oaths; when applied to other officers it shall mean sworn to the faithful discharge of the duties of their offices before a justice of the peace, or other person authorized to administer official oaths in such cases. See New Hampshire Revised Statutes 21:25
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- under oath: when used in connection with a document to be filed with the court or a state agency, which does not require a notary acknowledgment or notarization under New Hampshire law, shall be satisfied by electronic signature "under the penalty of perjury" if the document is filed with the court or state agency electronically, and if the document is accompanied by a statement under the electronic signature stating "the penalty for perjury may include a fine or imprisonment or both. See New Hampshire Revised Statutes 21:52
- unfounded but with reasonable concern: means a report made pursuant to this chapter for which the department determines that there is probable cause to believe the child was abused or neglected, but for which there is insufficient evidence to establish by a preponderance of the evidence that the child was abused or neglected. See New Hampshire Revised Statutes 169-C:3
- Unfounded report: means a report made pursuant to this chapter for which the department determines that there is insufficient evidence to substantiate a finding that the child is abused or neglected. See New Hampshire Revised Statutes 169-C:3
- United States: shall include said district and territories. See New Hampshire Revised Statutes 21:4