RSA 169-B:16 Adjudicatory Hearing

• Library: New Hampshire Statutes
• Edition: 2023
• Currency: Current through 2023 Legislative Session
• Year: 2023
• Citation: RSA 169-B:16

I.An adjudicatory hearing under this chapter shall be conducted by the court, separate from the trial of criminal cases.

II.Following arraignment, the court shall proceed to hear the case in accordance with the due process rights afforded a minor charged with delinquency. The prosecution shall present witnesses to testify in support of the petition and any other evidence necessary to support the petition. The minor shall have the right to present evidence and witnesses on behalf of the minor and to cross-examine adverse witnesses. The provisions of RSA 613:3, I, relative to the summoning of out-of-state witnesses, shall apply to the proceedings.

III.If the court finds the minor has committed the alleged offense, it shall, unless a report done on the same minor less than 3 months previously is on file:

(a) Order the department of health and human services or other appropriate agency to make an investigation and written report consisting of, but not limited to, the home conditions, school records and the mental, physical and social history of the minor, and if ordered by the court, a physical and mental examination of the minor conducted pursuant to RSA169-B:23, RSA169-B:20 and RSA169-B:21.

(b) Determine whether the legally liable school district shall be joined pursuant to RSA169-B:22, and if joined, review the school district's recommendations. The court shall not issue a disposition order until it reviews the investigative report required under this chapter or the school district recommendations required under RSA169-B:22.