In re Juvenile 2003-248

150 N.H. 751 (2004) · Supreme Court of New Hampshire · April 19, 2004 · No. 2003-248

Summary

The New Hampshire Supreme Court held that when a juvenile has consented to extended jurisdiction and validly revokes that consent, the court must close the case under RSA 169-B:4, IV. The court concluded that RSA 169-B:4, V, which permits retention of jurisdiction in certain circumstances, applies only in the circumstances governed by paragraph III and does not authorize continued jurisdiction after a valid revocation under paragraph IV.

Holdings

  1. When a court's extended jurisdiction rests on the juvenile's consent under RSA 169-B:4, II, closure of the case after a valid revocation of consent is controlled exclusively by RSA 169-B:4, IV. Because paragraph IV requires the court to close the case when the juvenile validly revokes consent, paragraph V does not authorize continued jurisdiction in that circumstance.

Questions Presented

  1. Whether RSA 169-B:4 permits a court that obtained extended jurisdiction through a juvenile's consent under paragraph II to retain jurisdiction under paragraph V after the juvenile validly revokes consent under paragraph IV.

Disposition

reversed

Cases Cited (4)

  • Comeau v. Vergato, 149 N.H. 508, 510 (2003)(followed)
  • In re Eric C., 124 N.H. 222, 224 (1983)(followed)
  • In re Russell C., 120 N.H. 260, 264 (1980)(followed)
  • In re Russell C., 120 N.H. 260, 268 (1980)(followed)

Cited In (0)

No citing cases on record yet.

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