Circuit Court Probate Division Rules Table of Contents
A. Purpose. The purpose of this rule is to assure the
speedy processing of Petitions for the termination of parental rights and to
achieve permanent family plans for the children within the scope of RSA Chapter
170-C. This rule should in no way be considered as superseding constitutional or
statutory rights of Parties to these proceedings.
B. Contents of Petition. A Petition for termination of
parental rights shall include the following:
1. The name and place of residence of
the Petitioner.
2. The name, sex, date and place of
birth, and residence of the child.
3. The basis for the Court's
jurisdiction.
4. The relationship of the Petitioner
to the child, or the fact that no relationship exists.
5. The names, addresses, and dates of
birth of the parents.
6. When the child's parent is a
minor, the names and addresses of said minor's parents or guardian of the
person.
7. The names and addresses of the
following Persons:
(a) the
Person having legal custody;
(b) the
guardian of the person:
(i) of the parent, or
(ii) of the child;
(c) any
individual acting in loco parentis to the child; or
(d) the
organization or authorized agency having legal custody or providing care for the
child.
8. The grounds on which termination
of the parent-child relationship is sought.
9. The names of the authorized agency
to whom or to which legal custody or guardianship of the person of the child may
be transferred.
10. If the Petition for termination
is filed subsequent to an abuse/ neglect proceeding, the names and addresses of
the attorneys representing the parents and the names and addresses of any
guardian ad litems appointed in the underlying abuse/ neglect case.
11. If the Petition is filed by an
authorized agency, the name and address of the Attorney representing the agency
and the name and address of the social worker assigned to the case.
C. Contents of Notice. The order of notice provided
for in RSA 170-C:7 shall be attached to a copy of the Petition and shall include
the following:
1. The statement that termination of
parental rights means the loss of all rights to custody, visitation, and
communication with the child and that if termination is granted, the parent will
receive no notice of future legal proceedings concerning the child.
2. An explanation of the need to
respond immediately to the notice, both to prepare for trial and because
important hearings will take place prior to trial.
3. An explanation of how to find out
the time and place of future hearings in the case.
4. Notice of right to counsel, of the
procedure to follow to obtain appointed counsel, and of the role that counsel
can play in Court proceedings.
5. The date, time, and place of the
hearing on the Petition for termination of parental rights. The statement that a
written Appearance must be filed with the Court on or before the date of the
hearing, or the Respondent/parent may personally appear on the date of the
hearing, or be defaulted.
6. The statement that the failure to
appear personally or in writing will waive all rights to a hearing and that the
Person's parental rights may be terminated at the hearing.
D. Notice. After a Petition has been filed, the Court
shall set the time and place for hearing and shall give notice thereof to the
Petitioner.
1. The Petitioner shall cause notice
to be given to:
(a) the
Respondent/parent;
(b) the
guardian ad litem and/or guardian of the person of the child;
(c) the
guardian ad litem and/or guardian of the person of any other Party;
(d) the
Person having legal custody of the child; and
(e) any
individual standing in loco parentis to the child.
2. Where the child's parent is a
minor, notice shall also be given to the minor's parents or guardian of the
person unless the Court is satisfied, in its discretion, that such notice is not
in the best interest of the minor and that it would serve no useful purpose.
3. The Petitioner shall provide
notice to the Respondent(s)/parent(s) by personal service. Where it shall appear
impractical to personally serve the Respondent/parent, however, the Court shall,
upon Motion of the Petitioner, order service, either by certified mail, return
receipt requested (restricted delivery to addressee only), to the
Respondent's/parent's last known address, or by publication once a week for two
(2) successive weeks in a newspaper of general circulation in the area where
that Person was last domiciled, or both.
4. The Petitioner shall include with
a Motion for notice by publication an affidavit describing the Petitioner's
efforts to locate and serve the absent parent.
5. All other Parties shall be given
notice by regular mail at their last known address.
6. Pursuant to RSA 170-C:13, costs of
giving notice and advertising shall be paid by the Petitioner.
E. Initial Hearing. Should the Respondent/parent enter
an Appearance or appear personally, the hearing described in (C)(5) of this rule
shall be considered an initial hearing. At this hearing, the Court shall:
1. Determine that the Court has
jurisdiction.
2. Assure that all parents have been
identified and located, and if there is a unnamed or absent parent, inquire
about what efforts have been made to locate that Person.
3. Appoint counsel for the
Respondent(s)/parent(s), if necessary.
4. Address the issue of notice, if
necessary.
5. Order evaluations, if appropriate.
6. Establish the time and date for a
structuring conference.
7. Address any other matters
necessary to expedite the case and to make orders for that purpose.
F. Structuring Conference. When an initial hearing is
held as a result of an Appearance by the Respondent/parent, a structuring
conference shall be scheduled to be held within thirty (30) days after the
initial hearing. At the structuring conference, the Court shall:
1. Resolve any outstanding discovery
disputes.
2. Identify issues of law and fact
for trial.
3. Assure that all relevant
evaluations will be completed prior to the final hearing on the merits.
4. Resolve any other matters which
will simplify or aid the conduct of the final hearing on the merits.
5. Determine if a pretrial conference
will be necessary and if so, set the time and date.
6. Set the time and date of the final
hearing on the merits and estimate its length.
G. Pretrial Conference. A pretrial conference is not
mandatory. However, if a pretrial conference is held, it shall be held at a
time, within the discretion of the Court, after the structuring conference and
before the final hearing on the merits. At the pretrial conference, the Court
shall:
1. Resolve any remaining issues which
would simplify or aid the conduct of the final hearing on the merits, e.g.
memoranda of law, admission of documents, admission of reports, etc.
2. Review the final witness list.
3. Confirm the date, time, and
estimated length of the final hearing on the merits.
H. Final Hearing On the Merits. If the
Respondent/parent neither enters an Appearance nor appears personally, the final
hearing on the merits shall be conducted in place of the scheduled initial
hearing. If the Respondent/parent enters an Appearance, the final hearing on the
merits shall be commenced within one hundred twenty (120) days after the
structuring conference. The Court shall set aside sufficient time to avoid
interruptions of the final hearing on the merits. In the event a final hearing
on the merits cannot be completed within the allotted time, it may be adjourned.
Except for good cause shown, the adjournment shall not exceed fourteen (14)
days.
I. Issuance of Court Order. The Court shall issue a
decision which shall include a disposition no later than thirty (30) days after
the date of the final hearing on the merits, or when applicable, the filing of
an Affidavit as to Military Service.
Upon the granting or denial of a Petition for termination of
parental rights brought by the Division of Children, Youth and Families
subsequent to a district court proceeding, the Court shall send notice of the
decision to the district court.
Upon the granting or denial of a Petition for termination of
parental rights brought by the Division of Children, Youth and Families, the
Court shall send notice of the decision to the adoption unit. If the petition
for termination is granted, the Court shall require the Division for Children,
Youth and Families social worker to transfer the termination of parental rights
case to the adoption unit within ten (10) days of the expiration of the appeal
period and send a letter to the Court confirming such transfer. The Adoption
Unit Social Worker shall file an Appearance for purposes of receiving notice for
subsequent hearings.
If, after the final hearing on the merits, the Court does not
order a termination of parental rights but finds that the best interest of the
child requires substitution or supplementation of parental care and supervision,
and orders a guardianship over the child by the Division for Children, Youth and
Families or an authorized agency, a review hearing shall be scheduled to be held
within one (1) year after any Court order granting guardianship is issued, and
annually thereafter.
J. Post-Termination Case Review Hearings. The guardian
ad litem for the child shall continue as such until the child is adopted or the
Court discharges the guardian ad litem from further involvement in the case.
If the Court orders termination of parental rights and grants
custody of the child to the Division for Children, Youth and Families for the
purpose of placing the child for adoption, a post-termination case review
hearing shall be scheduled to be held within ninety (90) days of the Court's
order, and every six (6) months thereafter, unless excused by the Court for good
cause shown. If an adoption petition is filed prior to any scheduled
post-termination case review hearing, the hearing may be cancelled.
Within five (5) days prior to the post-termination case
review hearing, the Division for Children, Youth and Families shall submit a
written status report to the Court. The Division for Children, Youth and
Families shall forward a copy of the status report to the child's guardian ad
litem and/or attorney. The report shall be dated and signed and shall be written
by the Division for Children, Youth and Families to include four (4) separate
categories, as outlined below:
1. A description of the agency's
progress toward arranging an adoptive placement for the child.
2. If adopted parents have not
already been selected, a schedule and description of the steps taken to place
the child for adoption.
3. A discussion of any special
barriers preventing placement of the child for adoption and how they should be
overcome.
4. The projected date for filing a
Petition for adoption.
The Court shall make any orders which may be appropriate to
achieve permanency.
K. Change of Venue. When the Division for Children,
Youth and Families wishes to proceed with adoption proceedings in a county or
state other than where the termination occurred, the division may seek a change
of venue pursuant to Rule 115.