A delinquent in NH is an individual under the age of 17 who commits an offense that if committed by an adult would be the equivalent of a felony or misdemeanor crime.

CHINS is an abbreviation for "Child In Need of Services".  Acts that qualify as "delinquent" are excluded from the CHINS definition.  In NH a CHINS is a child who is:

• Subject to compulsory school attendance (between ages 6 and 16) and who is habitually, willfully and without good and sufficient cause, truant from school;
• Under 18 years of age and who habitually runs away from home;
• Under 18 years of age and who repeatedly disregards the reasonable and lawful commands of his or her parents, guardian or custodian and places himself or herself or others in unsafe circumstances;
• Under 17 years of age and exhibits willful repeated or habitual conduct that is equivalent to violations of the criminal laws of this state if committed by an adult (excluding felonies and misdemeanors);
• Under 16 years of age and exhibits willful repeated or habitual conduct that is prohibited by the motor vehicle laws, including motor vehicle violations and misdemeanors (excludes certain motor vehicle felonies); and
• Is found to be in need of care, guidance, counseling, discipline, supervision, treatment or rehabilitation.

In most instances, juvenile complaints should be reported to a law enforcement agency for investigation.  All crimes should be reported to the police.  Also, in the case of missing or runaway children, the parent or guardian should report the child to the police as soon as possible so that the police can assist in locating the child before the child is harmed or victimized.  Police have the resources to share information nationwide with other law enforcement agencies in order to locate missing and runaway children.  Depending upon where you live, call your local police department, the state police or the county sheriff.  In the case of an emergency, dial 911.

In the case of a delinquent act (felony or misdemeanor crime committed by a child), anyone can bring charges against a child by filing a sworn document called a juvenile petition with the court.  However, in almost all instances it is better to report delinquent acts to a law enforcement agency because the police have the training, expertise and resources to investigate and prosecute the matter that most private citizens would not have.  In the case of CHINS, only a parent, police officer or school official can file a juvenile petition.  By NH law, the person filing a juvenile petition (delinquent or CHINS) has the burden to prosecute and prove the charge before the court "beyond a reasonable doubt".  In the case of a parent or school official filing a CHINS petition, the petitioner must include information that demonstrates to the court that the child and family, or the school district (as applicable), tried to resolve the matter out-of-court using community alternatives or educational approaches, but the problem remains and court intervention is needed.

For truancy, the minimum age is 6 years old.  For all other complaints, there is no minimum age in NH, however, the court must be satisfied that the child is legally competent to stand trial.  Proving competency may be problematic with younger children and children with special needs, developmental disabilities or mental health concerns.  The maximum age for delinquency is 16 (persons age 17 and older are prosecuted as adults).  The maximum age for CHINS depends upon the offense, however, persons age 18 and over are adults so CHINS offenses no longer apply.

No.  Children who commit minor offenses, children who have no prior record, and younger children may be referred by the court, police officer or a probation and parole officer directly to a community diversion program for an appropriate disposition.  To qualify for diversion the child must be willing to accept responsibility for committing the act and adhere to the consequences imposed by the community diversion program.  Children who fail to complete a diversion program are referred to court.

All children brought before a NH court, either as delinquent or CHINS, are entitled to be represented by an attorney hired by their parent or guardian or appointed by the court.  A child may waive or give up his or her right to legal representation under certain circumstances.  However, any delinquent child for whom detention is  considered, or any child whose parent filed the juvenile petition, must be represented by an attorney throughout the court proceedings.

In eight NH counties, the District Court has jurisdiction over delinquency and Child in Need of Services (CHINS) cases.  In the two remaining counties, Grafton and Rockingham, the Family Court Division has jurisdiction.  A juvenile petition may be filed in the District Court or Family Court Division where the child was either found or resided.  Sometimes one court will transfer a juvenile case to another court; this is called a "change of venue".  In special circumstances, such as "habeas corpus" or appeals of lower court decisions, the Superior Court or Supreme Court may decide juvenile cases.

Juvenile diversion and mediation programs provide communities they serve with an alternative means of dispute resolution for children who commit minor offenses, are first offenders or are very young.  The goal of diversion is to prevent further involvement in the formal legal system by a child while at the same time finding a remedy for a child's inappropriate behavior.  Typically diversion programs are operated by public (county or municipal) or private non-profit agencies that utilize local, volunteer citizens who meet with a child offender and his or her parents to render an appropriate disposition of the complaint.  Such dispositions typically include;

• victim restitution (compensation-work-service by the offender for the victim);
• community service (unpaid work by the offender for a tax-supported public or non-profit agency) and;
• educational programs regarding substance abuse or crime impact. 

Each child's case is handled on an individual basis.  If the child denies the offense and the petitioner fails to provide sufficient witness testimony and evidence to prove the case "beyond a reasonable doubt", the judge must dismiss the case.  However, most juvenile cases are proven either by the child admitting that the complaint is "true" or by the evidence presented at trial. 

In substantiated cases judges consider the offense and any prior record as well as a child's unique needs and circumstances.  The goal is to balance the child's needs for rehabilitation with the community's need for safety.  Dispositional (sentencing) options available to the court include fines, victim restitution, uncompensated public service, supervision by a JPPO, community-based treatment programs, out-of-home placement or any combination of these options. 

In cases involving serious, violent or chronic delinquents or delinquents who refuse to obey a court's orders, the court can commit the juvenile to the Youth Services Center (YSC) until their 17^th birthday.  Depending on age, behavior, success and length of residence at YSC, committed juveniles may be paroled into the community under the supervision of a JPPO.  In selected cases the court can continue to exercise juvenile jurisdiction after the 17^th birthday of a delinquent up to the 21st birthday or, for a CHINS, after the 18^th birthday, up to the 21^st birthday.

Upon request by a victim, the name, age, address, gender, offense charged and  custody status of the juvenile may be disclosed any time after arrest or service of a petition.  However, it is unlawful for a victim to disclose any confidential information to any person not authorized or entitled to it; knowing disclosure of such confidential information is a misdemeanor.

NH Statute also provides that the victim and a victim witness advocate, or other person chosen by the victim, shall be permitted to attend court sessions regarding the juvenile.  If the victim is unable to attend the hearing, the prosecution, upon request of the victim, may disclose to the victim information disclosed at the hearing.  Victims of a "violent crime" (certain major felonies specified by NH Statute), upon request to the prosecution, are entitled to additional rights and access to information.

Certainly, we all pay when a crime is committed:  victim, community, taxpayer, family and child.  Children who go to court are usually required to pay their own fines and victim restitution.  However, in some instances parents may also be required to pay  fines or restitution ordered by the court.  Some expenses may be paid under certain  insurance coverage options.  DHHS and the counties share the costs for court-ordered placements, services and programs that result from juvenile court proceedings.  However, both have the right to recover these expenses from the parent or persons chargeable by law for the child's support and necessities.  Funding of special education and educationally related services for children with special needs is provided by the child's home school district.

In NH, "probation" for juveniles is called "conditional release."  Conditional release is a legal status created that permits an adjudicated delinquent or CHINS to remain in the community, including a juvenile's home, subject to compliance with conditions and limitations of conduct and treatment prescribed by the court and supervision by a JPPO.  Violation of release conditions generally means returning to court resulting in a change of disposition.

Parole is a legal status granted by a citizen Juvenile Parole Board to delinquents  committed to YSC.  A paroled juvenile serves the remainder of his or her commitment outside of YSC.  A juvenile parolee is returned to YSC for any violations of the release conditions.

Yes.  Certain delinquents over age 16 may be sentenced by the District Court or Family Court Division to a county correctional facility between their 17th and 18th birthdays, but not beyond their 18^th birthday.  In such cases the juvenile must had  the opportunity for a jury trial prior to adjudication and sentencing.  Additionally, a few children charged with felony offenses are tried as adults in criminal proceedings and upon conviction may be sentenced to the State Prison or a county correctional facility by the Superior Court like any other adult.