WHAT IS A “CHINS”?

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WHAT IS A “CHINS”?
What a CHINS Is:
CHINS (“child in need of services”) is a legal process governed by state
statute (RSA 169-D) that helps to address specific behavioral problems
of children under the age of 18, specifically, a child who is expressly
found to be:
• Habitually, willfully, and without good and sufficient cause, truant
from school; OR
• Habitually running away from home; OR
• Repeatedly disregarding the reasonable and lawful commands of
his/her parents, guardian or custodian and placing himself/ herself
or others in unsafe circumstances; AND
• Is expressly found to be in need of care, guidance, counseling,
discipline, supervision, treatment, or rehabilitation as a consequence
of one or more of the preceding behaviors.
Additionally, a CHINS petition may be filed when a child has
committed willful repeated or habitual conduct constituting offenses
that would be violations (but not felonies or misdemeanors) under the
Criminal Code of this state if committed by a person 17 years of age or
over, OR willful repeated or habitual conduct constituting offenses
that would be violations or misdemeanors (but not felonies) under the
Motor Vehicle Code of this state if committed by a person 16 years old
or older. (Note: Only a law enforcement officer or prosecutor should
file a CHINS petition under these sections.)
What a CHINS Is Not:
A CHINS petition is NOT appropriate in any of the following
situations:
• Emancipated Minors: If a minor received an emancipation decree
in another state, NH will give legal recognition to that court order
(RSA 21-B:2). Emancipated minors are therefore not subject to
CHINS proceedings brought by their parent/ guardian/custodian for
disobedience or running away from home.
• Delinquent Acts: “Delinquent” means a person who has committed
an offense before reaching the age of 17 that would be a felony or
misdemeanor under the Criminal Code of this state if committed by
an adult (RSA 169-B:2, IV). Delinquent acts cannot be included in
a CHINS petition [RSA 169-D:5, IV; In re James N., 157 N.H. 690
(2008)]).
• Excluded Offenses: Violations of any of the following laws are
excluded by state statutes (RSA 169-B:32 & 169-D:22) from
juvenile CHINS or delinquency proceedings: Motor vehicle laws by
persons 16 years of age or over; aeronautics; boat navigation; fish
and game; alcoholic beverages; fireworks; tobacco. These excluded
offenses are subject to adult court prosecution, not juvenile court.
When is a CHINS appropriate?
A CHINS petition may only be filed by a parent/guardian/custodian
when the following conditions have been met (RSA 169-D:5, III)
• The child and family have sought to resolve the expressed problem
through available community alternatives,
• The problem still remains, AND
• Court intervention is needed to resolve the problem
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AMI NH has developed several publications on the topic of mental illness for consumers, family members, caregivers and the legislature. For more information, click on the title of the desired topic.
Children/Adolescents
CHINS ~ a guide for families on the CHINS legal process
Parent/Caregiver Guidebook ~ for parents and caregivers of children/adolescents with serious emotional disorders
Reclaiming Our Future ~ A Pathway For Treating Co-occurring Mental Health and Substance Use Disorders in NH's Adolescents and Young Adults
Adults
Hope and Help ~ a NAMI NH guide for consumers with information on recovery and resources
Mental Health Matters ~ a NAMI NH publication on the status of mental health services and supports in New Hampshire
Older Adults
Older Adult Guidebook ~ for family members and caregivers of older adults with mental illness