How to File a CHINS Petition in New Hampshire

To file a Child in Need of Services (CHINS) petition in New Hampshire, you complete the petition form from the Judicial Branch, document specific incidents that fit one of four statutory categories under RSA 169-D, and submit it to the Circuit Court’s Family Division in the county where the child lives. The court then summons you and the child to an initial appearance, and an adjudicatory hearing follows within 21 days. The petition is not a criminal charge; it asks the court to order services for a child whose behavior has become unmanageable through normal parenting or school discipline.1New Hampshire General Court. New Hampshire Code RSA 169-D:2 – Definitions

Confirm You Have Standing to File

Not every adult can file every type of petition. Who may file depends on which behavior you are reporting.2New Hampshire General Court. New Hampshire Code RSA 169-D:5 – Petition

  • Truancy petitions can only be filed by a truant officer or school official from the child’s district. A parent who wants a truancy petition filed has to persuade the school to do it.
  • Running away, disobedience, and repeated violation-level offenses can be filed by a parent, legal guardian, custodian, school official, or law enforcement officer.
  • Severe mental health behaviors can be filed by the same group, but only with the consent of the Department of Health and Human Services (DHHS).

Figure out which category fits before you start the form. If you are a parent dealing with chronic school absences, your path runs through the school district, not the courthouse.

Confirm the Behavior Fits One of the Four Categories

RSA 169-D covers children under 18 whose behavior falls into one of four categories, and the court must also find that the child genuinely needs care, counseling, supervision, or treatment.1New Hampshire General Court. New Hampshire Code RSA 169-D:2 – Definitions

  • Habitual truancy, defined as ten half-days of unexcused absence in a single school year.3New Hampshire Department of Education. Truancy – RSA 189:35-a
  • Habitually running away, or repeatedly ignoring reasonable parental instructions in ways that create unsafe conditions. One episode of rebellion does not qualify; the pattern has to be ongoing and dangerous.
  • Repeated acts that would be classified as violations (not misdemeanors or felonies) under the criminal or motor vehicle code if committed by an adult.
  • Serious emotional or cognitive diagnoses paired with aggressive, fire-setting, or sexualized behavior that endangers the child or others, where the child does not qualify under the delinquency or abuse and neglect statutes.

CHINS addresses status offenses, meaning behaviors that are only legal problems because the person is a minor. A child who commits an act that would be a misdemeanor or felony for an adult is handled through juvenile delinquency under RSA 169-B instead, not CHINS.

Consider Voluntary Diversion First

New Hampshire law favors diversion, an individually designed service plan meant to keep the child out of formal court proceedings. DHHS runs a voluntary CHINS process that families can request through the department’s central intake line, which screens whether the situation meets the legal standard for services without court involvement.4New Hampshire Department of Health and Human Services. DCYF SOP 1150.6 – Request for Voluntary CHINS – Intake

Diversion remains available even after a petition is filed. A court referral pauses proceedings for up to three months, with a possible three-month extension. The child cannot be detained during that period. If diversion succeeds, the case can be dismissed without a hearing. If it fails, the court resumes where it left off.5NHDCYF.info. New Hampshire Code RSA 169-D – Children in Need of Services

Complete the Petition

The petition form is available on the New Hampshire Judicial Branch website in the juvenile and CHINS forms section, or at any Circuit Court clerk’s office.6New Hampshire Judicial Branch. Children in Need of Services (CHINS) A weak petition can be dismissed before a hearing ever happens, so take time to do this part well.

The form requires the child’s full legal name, date of birth, and current address, plus the same information for both parents or legal guardians. The heart of the petition is the statement of facts. Lay out specific incidents with dates that show a pattern matching one of the statutory categories. “My child is out of control” gives the court nothing to work with. Describe each incident concretely: when it happened, what the child did, who was affected, and what you tried before resorting to a petition.

For a truancy petition, school attendance records documenting unexcused absences are essential, and the petition should clearly reflect the ten-half-day threshold.3New Hampshire Department of Education. Truancy – RSA 189:35-a For running away or disobedience, counseling records, police reports from runaway incidents, and school disciplinary records all strengthen the file. The court wants to see that reasonable options were exhausted before judicial intervention was requested.

File at the Circuit Court, Family Division

File the completed petition with the Circuit Court, Family Division, in the county where the child lives.7New Hampshire Judicial Branch. Family Division You can submit it in person at the clerk’s office or by mail. The court charges a filing fee; if you cannot afford it, submit a written request asking the court to reduce or waive the fee.8New Hampshire Judicial Branch. Circuit Court Filing Fees

Once the clerk accepts the petition, the court serves DHHS with a copy. DHHS then has legal standing and receives notice of every hearing from that point forward.2New Hampshire General Court. New Hampshire Code RSA 169-D:5 – Petition Ask the clerk for a file-stamped copy for your records so you have proof of the date the legal process began.

What Happens After You File

The Summons and Initial Appearance

The court issues a summons to the person who has custody of the child, requiring both of you to appear at a specific date and time. Service must happen at least 24 hours before the appearance.9New Hampshire General Court. New Hampshire Code RSA 169-D:6 – Summons The summons includes a warning that parents and anyone legally responsible for the child’s support may be liable for expenses generated by the case, including evaluations and out-of-home placements.5NHDCYF.info. New Hampshire Code RSA 169-D – Children in Need of Services

At the initial appearance, the court informs the child and parents of their rights. The child has the right to an attorney, and the court can appoint counsel if the family cannot afford one. A guardian ad litem may also be appointed to represent the child’s best interests independently of the child’s lawyer.

The Adjudicatory Hearing

The adjudicatory hearing, where the court decides whether the child meets the CHINS definition, must take place within 21 days of the initial appearance.10New Hampshire General Court. New Hampshire Code RSA 169-D:13 – Adjudicatory Hearing The child can waive this timeline, but doing so keeps the case open longer before any resolution.11New Hampshire Judicial Branch. Agreement to Waive Initial Time Limits

Reports from DHHS, counselors, and any guardian ad litem must be filed with the court and shared with all parties at least five days before the hearing.5NHDCYF.info. New Hampshire Code RSA 169-D – Children in Need of Services The petitioner presents evidence supporting the allegations. If the court finds the child meets the statutory definition, the case moves to the dispositional phase. If not, the petition is dismissed.

What the Court Can Order

The statute requires the court to choose the least restrictive option that fits the situation, and DHHS must include estimated costs of any recommended services or placements in its dispositional recommendation.12New Hampshire General Court. New Hampshire Code RSA 169-D:17 – Disposition The available options include:

  • Remaining at home with conditions, including individual or family counseling and conditional release for up to two years.
  • Placement with a relative or other suitable adult under court supervision.
  • Out-of-home placement through DHHS, such as foster care, group homes, crisis facilities, or residential treatment. This is only available for habitual runaways and children with severe mental health issues. The court cannot order out-of-home placement for truancy, disobedience, or violation-level offenses.
  • Fines or restitution, only for violation-level offenses, and the fine cannot exceed what an adult would face for the same offense.
  • Up to 50 hours of uncompensated community service.
  • Structured after-school or evening programs addressing the child’s specific issues.

If you are filing because of truancy or disobedience, know that the court cannot remove the child from your home as part of a CHINS order.12New Hampshire General Court. New Hampshire Code RSA 169-D:17 – Disposition And for any child adjudicated under CHINS, the law prohibits locked or physically restricted facilities. Secure detention is reserved for juvenile delinquency cases.13New Hampshire General Court. New Hampshire Code RSA 169-D:9-c – Use of Facilities

Supervision can last up to two years under a conditional release. The court must close the case when the child turns 18, with one exception: if the child consents and is still working toward a high school diploma or GED, the court may retain jurisdiction until the child graduates, stops attending school full-time, or turns 21, whichever comes first.5NHDCYF.info. New Hampshire Code RSA 169-D – Children in Need of Services The court can also order parents to participate in counseling or other programs as part of the disposition.

Expect to Pay Some of the Costs

The summons itself warns that parents may be liable for costs generated by the case, including evaluations and placements ordered by the court.9New Hampshire General Court. New Hampshire Code RSA 169-D:6 – Summons If the court orders counseling, a residential program, or a psychological evaluation, you may be asked to pay for some or all of it. The summons also notes that children with educational disabilities may be entitled to services from their school district at public expense under RSA 186-C, which can offset some costs. Ask the court about fee waivers or reduced-cost services early, before expenses accumulate.

What Happens to the Records

Every record generated by a CHINS case is confidential. Court records are kept separate from other files, and public access is prohibited. Only specific people, including the child’s attorney, parents, guardians, juvenile probation officers, and certain county officials, can view them without a court order.5NHDCYF.info. New Hampshire Code RSA 169-D – Children in Need of Services Media outlets cannot publish the child’s name, address, or any identifying details without the court’s permission, and violations of confidentiality rules are a misdemeanor. Once the child turns 18, all court and police records related to the CHINS case are destroyed.