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Bar News - November 17, 2000


Abuse & Neglect Protocols

THE NEW HAMPSHIRE District Court has released a comprehensive manual to guide the handling of abuse and neglect matters and permanency planning to facilitate adoption of children in the state system.

Although it is intended primarily as a guide for judges and court personnel, attorneys representing parents and others with an interest in child welfare are being encouraged to review the draft protocols, said Kristin Lamont, the coordinator for the Court Improvement Project (CIP), which coordinated the development of the protocols. To obtain a copy of the protocols, contact Lamont at 271-2418 or consult Webster at

www.state.nh.us/courts/district/protocol/draftpro2.htm

In an introduction to the protocols, District Court Administrative Judge Edwin W. Kelly wrote that the document was the "result of a significant collaboration among the District Court, Family Division, Probate Court and Superior Court, as well as representatives of the Bar; Legislature; CASA; the Division for Children, Youth and Families; Judicial Council; law enforcement; and the Attorney General's office. Foster parents and service providers also contributed to this endeavor."

The preface also offers a disclaimer: "Insofar as these protocols suggest any interpretation of the law, the reader should bear in mind that the interpretation of the law, as it applies to any given case, is within the sole province of the trial judge, subject to the ultimate review of the New Hampshire Supreme Court. The Draft Protocols do not create substantive rights that do not currently exist and should not be considered as superseding any constitutional or statutory rights of parties to abuse and neglect proceedings."

The protocols provide a roadmap for everything from conducting a protective custody hearing, ex parte procedures, deciding who is allowed in the courtroom during hearings, evidence, burden of proof, appointment procedures for GALs or attorneys representing children, dispositions, reports, the processing of adoptions and more. The protocols represent the "best practices" recommended for handling abuse and neglect, termination of parental rights, and adoption cases. They are issued in draft form and all persons who would be using them are encouraged to contact Attorney Lamont with questions, comments or suggested changes.

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