Best Interests of the Child

Statute: N.H. Rev. Stat. Ann. § 169-C:2 (Lexis, WESTLAW through 1999 Reg. Sess.)

Law:

It is the purpose of this chapter, through the mandatory reporting of suspected instances of child abuse or neglect, to provide protection to children whose life, health or welfare is endangered and to establish a judicial framework to protect the rights of all parties involved in the adjudication of child abuse or neglect cases. Each child coming within the provisions of this chapter shall receive, preferably in his own home, the care, emotional security, guidance and control that will promote the child's best interest; and, if the child should be removed from the control of his parents, guardian or custodian, adequate care shall be secured for the child. This chapter seeks to coordinate efforts by State and local authorities, in cooperation with private agencies and organizations, citizens' groups, and concerned individuals, to:
Protect the safety of the child;

Preserve the unity of the family whenever possible;

Provide assistance to parents to deal with and correct problems in order to avoid removal of children from the family;

Take such action as may be necessary to prevent abuse or neglect of children; and

Provide protection, treatment and rehabilitation, as needed to children placed in alternative care.
This chapter shall be liberally construed to the end that its purpose may be carried out, to wit:

To encourage the mental, emotional, and physical development of each child coming within the provisions of this chapter, by providing him with the protection, care, treatment, counseling, supervision, and rehabilitative resources which he needs and has a right to receive;

To achieve the foregoing purposes and policies, whenever possible, by keeping a child in contact with his home community and in a family environment by preserving the unity of the family and separating the child from his parents only when the safety of the child is in danger or when it is clearly necessary for his welfare or the interests of the public safety and when it can be clearly shown that a change in custody and control will plainly better the child; and
To provide effective judicial procedures through which the provisions of this chapter are executed and enforced and which recognize and enforce the constitutional and other rights of the parties and assures them a fair hearing.

Concurrent Planning

Statute: N.H. Rev. Stat. Ann. § 169-C:24-a(II) (Lexis, WESTLAW through 1999 Reg. Sess.)

Law:

Concurrent with the filing or joinder in a petition for termination of parental rights, the State shall seek to identify, recruit, and approve a qualified family for adoption in accordance with law, and in accordance with the principle that the health and safety of the child shall be the paramount concern.