Child Abuse and Neglect

This information provides parents with an overview of New Hampshire’s abuse and neglect system and the Division for Children, Youth and Families (DCYF). It is not a comprehensive guide and is not a substitute for legal advice.

DCYF is the New Hampshire state agency that manages programs intended to protect children and families. Child Protective Services staff work with families to assess children’s safety, identify needs, and develop a case plan.

The case plan outlines the specific needs of the children and family members and explains how DCYF will assist in resolving the family’s protective-service issues.

Three main things DCYF does

1. Intake: DCYF receives reports of child abuse or neglect and refers appropriate cases to district offices.
2. Assessment: District offices investigate reports referred by the central office to determine the child’s safety and the potential for harm. After assessing the information gathered, DCYF determines whether the allegation is “unfounded,” meaning the allegation was not proven, or “founded,” meaning the allegation was proven.
3. Family services: If allegations are “founded,” services are provided to support the child’s continued safety and well-being. These services are intended to help keep the child at home. However, if the home is not safe, DCYF may ask the court to remove the child and place the child with another family member or a foster family.

If DCYF has contacted you, consider consulting an attorney. Every case is different, and this guide only provides a general overview of issues a parent should consider.

How does the process work?

If DCYF makes a finding of abuse or neglect, it will file a petition with the District Division of the Circuit Court. This begins the court process and allows DCYF to request a court order.

First, there will be a preliminary hearing at which DCYF must show the court that services are necessary to keep the child safe.

A parent is entitled to representation by an attorney in an abuse or neglect proceeding. At the preliminary hearing, a parent who cannot afford an attorney may request court-appointed counsel.

Later, an adjudicatory hearing will be held at which the court determines whether the allegations of abuse or neglect have been proven.

DCYF may also ask the parent to sign a consent decree. A consent decree is an agreement allowing DCYF to provide services. In many cases, it includes an admission that the child was abused or neglected.

A consent decree may allow the parent and DCYF to avoid some or all of the court process. Because signing one can have serious consequences, speak with an attorney first.

What do parents need to know when a report of abuse or neglect has been made?

Parents usually come into contact with DCYF after someone reports suspected abuse or neglect and a social worker begins an assessment. This can be stressful whether or not the parent knew the report had been made.

As a first step, the social worker may ask to interview you or your child. At this point, there is usually no court order, and the social worker will ask for your cooperation.

There is no single answer about whether or how to cooperate. As a parent, you must decide how to respond to the request. Every case is unique, and there is no simple “right” or “wrong” answer.

Factors to consider

• Without a court order, you have the right to decline an interview.
• Without a court order, you have the right to decline to allow the social worker into your home.
• DCYF is responsible for protecting children. Its stated goal is not to remove a child unless the child cannot remain safe at home.
• New Hampshire law requires people to report suspected abuse or neglect. The person who made the report may have been legally required to do so.
• If DCYF believes your child has been abused or neglected, it must prove its case to a judge. You do not have to help DCYF make its case.
• DCYF may view a refusal to cooperate as an indication that you are hiding something.
• A social worker may consider your behavior toward them when assessing the allegations.
• A social worker may suggest that you sign a consent decree rather than go to court so DCYF can provide services to your family.
• A consent decree may state that you admit to the alleged abuse or neglect. It may also result in your name being entered in the registry of people found to have abused or neglected a child.
• If DCYF files a court case against you, you are entitled to an attorney. The court may appoint one if you cannot afford to hire one.