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.
3.3 Discovery:
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.
3.6
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
Sex-Related Cases:
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.
Family Division Rules Table of Contents