Circuit Court Family Division Rules Table of Contents
SECTION 3 -- JUVENILE DELINQUENCY AND CHILDREN IN NEED OF SERVICES
3.1 Scope: These rules, unless otherwise stated, apply to RSA 169-B Delinquency cases and RSA 169-D Children in Need of Services cases.
3.2 Multiple Representation of Juveniles:
An attorney shall have an affirmative duty to immediately notify the court in all cases involving multiple representation. An attorney shall not be permitted to represent more than one juvenile involved in the same case unless counsel and the court have established a record, in accordance with this rule, that indicates convincingly that the potential for conflict is very slight.
Counsel shall, upon commencement of representation, investigate the possibility of conflict of interest between clients and discuss that possibility with each client. If counsel determines that conflict is highly unlikely and that counsel may therefore continue to represent each client, the court shall be so notified and shall promptly convene a hearing at which the relevant facts shall be made a part of the record, which may be a mechanical record on tape. Such record shall include evidence of counsel's discussion of the matter with each client, evidence of each client's informed consent to multiple representation based on the client's understanding that the client is entitled to independent counsel, and either a written or oral waiver by each client of any conflict arising from the multiple representation.
A. Within seven (7) days after the arraignment, the prosecutor shall furnish the juvenile’s attorney or the juvenile and parent(s), if the juvenile has no attorney, with the following:
(1) A copy of records of statements or confessions, signed or unsigned, by the juvenile, to any law enforcement officer or officer’s agent;
(2) A list of any tangible objects, papers, documents or books obtained from or belonging to the juvenile;
(3) A list of names of witnesses, including experts and their reports;
(4) Copies of any lab reports;
(5) All exculpatory materials required to be disclosed pursuant to the doctrine of Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, including State v. Laurie, 139 N.H. 325 (1995).
(6) Notification of the State’s intention to offer at trial, pursuant to NH Rule of Evidence 404B, evidence of other crimes, wrongs, or acts committed by the juvenile, as well as copies of or access to all statements, reports, or other materials that the State will rely on to prove the commission of such other crimes, wrongs, or acts; and
(7) A statement as to whether the foregoing evidence, or any part thereof, will be offered at the adjudicatory hearing.
B. Within fourteen (14) days after the arraignment, the juvenile shall provide the prosecutor with a list of names of witnesses, including experts and their reports and copies of any lab reports, that the juvenile anticipates introducing at the adjudicatory hearing.
C. In the event of a petition filed by a party other than the State, the above discovery rules shall apply, except that the petitioner shall forward materials to the juvenile or attorney, and the juvenile or the juvenile’s attorney shall forward materials to the petitioner within the applicable time frames.
3.4 Acknowledgment of Rights and Waiver of Counsel:
In all Delinquency or CHINS cases, except those filed by a parent, guardian, or custodian, if the juvenile elects to enter a plea of true or nolo contendere, without counsel, the juvenile and a parent shall review and sign:
(1) A Juvenile Acknowledgment of Rights form; and
(2) A Waiver of Counsel form.
The judge shall review these documents with the juvenile and the parent(s) to ensure they are understood.
If the juvenile is represented by counsel, the juvenile and counsel shall execute a Juvenile Acknowledgment of Rights form.
No plea from a juvenile shall be taken unless a Juvenile Acknowledgment of Rights form is executed by the juvenile, and parent(s) or counsel, except for good cause shown.
In all Delinquency or CHINS cases filed by a parent, the Court shall appoint counsel to represent the juvenile before a plea of true or nolo contendere may be considered by the Court.
3.5 Affirmative Defenses:
If a juvenile intends to rely upon the defense of alibi, the juvenile shall notify the prosecution in writing of that intention and a copy of the notice shall be filed with the court within fourteen (14) days of the arraignment. The notice of alibi shall be signed by the juvenile, or counsel if represented, and shall state the specific place at which the juvenile claims to have been at the time of the alleged offense and the names and addresses of the witnesses upon whom the juvenile intends to rely to establish such alibi.
Within five (5) days after the receipt of the notice of alibi, the prosecution shall furnish the juvenile, or counsel, in writing with a list of the names and addresses of any additional witnesses not previously identified.
If, prior to or during the adjudication, a party learns of an additional witness whose identity, if known, should have been included in the information required by this rule, the party shall immediately notify the other party, or counsel, of the witness’ existence, identity and address.
Upon the failure of either party to comply with the requirements of this rule, the Court may exclude the testimony of any undisclosed witness offered by such party as the juvenile’s absence from, or presence at, the scene of the alleged offense. This rule shall not limit the right of the juvenile to testify concerning the alibi, even notice has not been filed.
If a juvenile intends to claim any defense specified by the Criminal Code, a notice of that intention identifying its basis of the intention shall be filed with the court, with a copy going to the prosecution, within fourteen (14) days of the arraignment. If the juvenile fails to comply with this rule, the Court may exclude any testimony relating to such defense or make such other order as justice requires.
Conditions of Release: In juvenile cases, the Court may place a juvenile
on conditional release under the supervision of a Juvenile Probation and Parole
Officer (JPPO). The terms and conditions of release, unless otherwise
prescribed by the Court, shall be as follows:
(a) You shall comply with all orders of the Court.
(b) You shall be of good behavior and remain arrest free, obey all laws and cooperate with your parent(s) or custodian at all times.
(c) You shall, if under 18 years of age or until you have graduated, attend school full-time and follow all school rules.
(d) You shall attend school full-time and follow all school rules. If lawfully allowed to attend school only part-time, you shall also be lawfully employed or actively engaged in an employment plan approved by your JPPO.
(e) You shall not consume or possess alcoholic beverages or controlled drugs or any substance or thing determined to be contraband by your JPPO.
(f) You shall submit to random drug testing as ordered by the Court.
(g) You shall attend, and meaningfully participate in, all treatment and counseling as ordered by the Court.
(h) You shall not possess, transport, control or receive any weapon, explosive device, or firearm.
(i) You shall report to your JPPO at such times and places as directed by your JPPO.
(j) You shall immediately notify your JPPO of any arrest, summons, or questioning by a law enforcement officer.
(k) You shall report any change of address, telephone number, school status, or employment to your JPPO within 24 hours.
(l) You shall submit to reasonable searches as requested by your JPPO of your person, property, possessions, vehicle(s), school locker(s), bags, containers, or any other items under your custody, care, or control.
(m) You shall submit to visits by your JPPO to your residence and to examinations and searches of your room in the enforcement of your conditions of release.
(n) You shall regularly report your earnings to your JPPO and be in compliance with your specified budget as approved by your JPPO.
(o) You shall not associate with any person or be at any place in violation of Court orders or the directives of your JPPO.
(p) You shall not leave the State of New Hampshire for longer than 24 hours without advance written permission from your parent(s) or guardian or those having legal custody of you. You shall provide your JPPO with said written permission within 24 hours of receipt of said written permission.
(q) You shall also obtain a Travel Permit when required by the Interstate Compact on Juveniles and Association of Juvenile Compact Administrators (AJCA) Rules regarding out-of-state travel.
(r) You shall agree to return to the State of New Hampshire from any State in the United States or any other place voluntarily and without formality as directed by the Court or your JPPO.
(s) You shall comply with designated curfew/home restriction provisions.
(t) The Court may impose all or part of the conditions as well as other terms and conditions.
3.7 Notice and Right to Be Heard-- Foster Parents, Pre-Adoptive Parents, and Relative Caregivers: When a juvenile is placed out of home, foster parents, pre-adoptive parents and/or relatives providing care for the juvenile are entitled to notice of all review hearings, permanency hearings and post-permanency hearings and shall be allowed to be heard at these hearings, but shall not be given party status unless otherwise granted by the Court.
3.8 Consultation with juvenile Regarding Proposed Permanency Plan and/or Transition Plan: The juvenile’s attorney shall consult in an age-appropriate manner with the juvenile about the juvenile’s views of the proposed permanency plan and/or transition plan. The attorney shall report about the consultation to the court in writing and/or orally at a permanency hearing. Such consultation shall not preclude the juvenile from attending and/or being heard at a permanency hearing.
3.9 Protection of Children in
In any proceeding under RSA 169-B alleging a sex-related offense in which a minor child is an alleged victim or a witness, the Court shall allow the use of anatomically correct drawings and/or anatomically correct dolls as demonstrative evidence to assist the alleged victim or witness in testifying unless otherwise ordered by the Court for good cause shown.
In the event that the alleged victim or witness is nervous, afraid, timid, or otherwise reluctant to testify, the Court may allow the use of leading questions during the initial testimony but shall not allow the use of such questions relating to any essential element of the offense.
3.10 Juvenile Drug Court: Certain cases bought under the CHINS and Delinquency statutes may be referred to the Juvenile Drug Court (JDC). JDC is a more intensified session of either of these proceedings. It is not a separate court, nor is a separate petition required. Procedures in cases in JDC are governed by these rules, the appropriate statutes, and court protocols.
3.11. Automatic Withdrawal of Court-Appointed Counsel: In all Juvenile Delinquency and Children in Need of Services matters brought pursuant to RSA 169-B and RSA 169-D respectively, the appearance of counsel for the child shall be deemed to be withdrawn thirty (30) days after the date of the Clerk’s notice of the dispositional order unless a post-dispositional motion is filed within that thirty (30) day period or the court otherwise orders representation to continue. Where a post-dispositional motion is filed within thirty (30) days, the appearance of counsel for the juvenile shall be deemed to be withdrawn thirty (30) days after the court rules on said motion. Where the court otherwise orders representation to continue, the order shall state the specific duration and purpose of the continued representation. Counsel for the juvenile shall be deemed to be withdrawn immediately at the end of the ordered duration.
3.12. Withdrawal of Appointed Counsel: In Juvenile Delinquency matters brought pursuant to RSA 169-B, if appointed counsel must withdraw due to a conflict of interest as defined by Rules 1.7(a), 1.9(a) and (b) and/or 1.10(a), (b) and (c) of the New Hampshire Rules of Professional Conduct, counsel shall forward a Notice of Withdrawal to the court and substitute counsel shall be appointed forthwith. Court approval of a withdrawal shall not be required in this circumstance unless the Notice of Withdrawal is filed less than 20 days from the date of a trial in which case court approval shall be required. Automatic withdrawal shall not be allowed and court approval shall be required if the basis for the withdrawal is a breakdown in the relationship with the client, the failure of the client to pay legal fees, or any other conflict not specifically set forth in Rules 1.7(a), 1.9(a) and (b) and/or 1.10(a), (b) and (c) of the New Hampshire Rules of Professional Conduct.
Circuit Court Family Division Rules Table of Contents