In re Juvenile 2003-189

Summary

The New Hampshire Supreme Court considered whether a school qualifies as a "custodian" under RSA 169-D:2, IV(b) for purposes of a children in need of services petition. The court held that a school is not a statutory custodian because the term refers to one having legal custody of the child, and it reversed and remanded for consideration of whether the petition alleged another legal basis for relief.

Holdings

1. A school is not a "custodian" under RSA 169-D:2, IV(b).
2. The petition could not establish a legal basis for relief under RSA 169-D:2, IV(b) based on the school's alleged status as a custodian; on remand, the trial court may determine whether the petition alleges another legal basis under RSA 169-D:2, IV.

Questions Presented

1. Whether a school qualifies as a "custodian" for purposes of a CHINS petition under RSA 169-D:2, IV(b).
2. Whether the CHINS petition stated a legal basis for relief under RSA 169-D:2, IV(b).

Disposition

reversed_and_remanded