how to become court appointed attorney nh dcyf

by Dr. Berry O'Kon 8 min read

How do I request a parental fitness hearing in NH?

I request that the court appoint an attorney to represent me as I cannot afford to hire one. If the court appoints a lawyer, I UNDERSTAND THAT I MAY BE REQUIRED TO REPAY THE SERVICES PROVIDED TO ME BY COURT APPOINTED COUNSEL IF I AM CONVICTED UNLESS THE COURT FINDS THAT I AM OR WILL BE FINANCIALLY UNABLE TO PAY.

Can a non-petitioned parent be appointed an attorney?

1. Right to an Attorney Pursuant to RSA 169-C:10, II(a), a petitioned parent has the right to an attorney, and if such parent cannot afford an attorney, an attorney will be appointed by the Court. The Court has the discretion to appoint an attorney for a non-petitioned parent who is a household member, if such parent cannot afford an attorney.

How do I contact DCYF for child abuse?

Father's Rights in New Hampshire! A useful guide for the fathers not involved in the child protection system! Really! How to find an attorney Vague laws can be unconstitutional My library of important reference books Right of non-offending parent Adoption of children in DCYF custody Trying to get the Court Appointed Attorney of your choice

Can DCYF remove a child from parental care and custody?

DCYF complete a "social study pursuant to RSA 169-C:18 V, ‘an investigation and a social study consisting of, but not limited to the home conditions, family background, and financial assessment, school record, mental, physical, and social …

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What are the decisions concerning child rearing?

"Decisions concerning child rearing, which Yoder, Meyer, Pierce and other cases have recognized as entitled to constitutional protection , long have been shared with grandparents or other relatives who occupy the same household. . . . The constitution prevents East Cleveland from standardizing its children - and its adults - by forcing all to live in certain narrowly defined family patterns. Moore v. City of E. Cleveland, 431 U.S. 494 (1977). Mr. L. was in just such a family pattern with Lesley W., C. W., and A. W.. He held out C. W. as his own son from birth, had a warm and loving relationship with him, and treated him absolutely no different than A. in his love and concern for him. He was more than a "live-in" boyfriend of Lesley W., having taken pains to continue his relationship with C. as well as A. after Lesley W. left him in Massachusetts to move to New Hampshire.

Why did Mr. L. not appeal?

L.'s original attorneys, of which there was more than one, did not appeal one of "many dozens" of unfair custody determinations to come out of the Manchester District Court because there was no clear guideline on how a parent not named in a Petition for Abuse or Neglect was to obtain custody. The Division, now that they have managed to keep custody of his children illegally for over seven years, now claim that "failure to correct" conditions leading to abuse or neglect and "failure to provide for the mental, physical, and psychological health" of the child when they illegally denied him the opportunity to do so have arrived in this Court with "dirty hands." Mr. L. is not at fault for any statutory reason mentioned that would otherwise permit termination of parental rights. Since his rights were so egregiously violated, the Petition for Termination of Parental Rights should be denied, and the Petition for Guardianship of C. W. should be granted so that his children may be place with him, together, where they belong. The Division has not come remotely close to proving parental unfitness beyond a reasonable doubt. While it is sad that the children may be settled in their current foster placements, and may have an expectation of adoption, those considerations are not before this court if the Division does not first prove its burden on grounds. "Equitable relief will be denied if one comes to the court with unclean hands." See Morrill v. Bank, 90 N.H. 358, 368, 9 A.2d 519, 527 (1939). Noddin v. Noddin, 123 N.H. 73 (1983). The state does not have "clean hands" coming into the litigation, having failed to even attempt to locate a father, having failed to serve him for two years after the filing of the petition, having failed to permit Mr. L. his statutory and constitutional right of visitation for over a year, and having failed to apply the correct constitutional, case law, or statutory standards for Mr. L. to obtain custody of his children for over five years. While the children's extended stay in foster care is regrettable, it is wholly the fault of the unconstitutional deprivations of the Manchester District Court and the Division for Children, Youth, and Families, not the fault of the children's father. This court should deny the Petition for Termination of Parental Rights, and the children should be given an opportunity to have their own identity back, their own father, and a relationship that will last, as it was intended to, until death.

What is BCP in child abuse?

BCP supports a number of initiatives for the prevention of child abuse and neglect. These initiatives provide support for families and strive towards goals of reducing risks to children, improving parenting skills, and strengthening social support networks for families.

What is child protection?

Treatment and rehabilitative services are provided to families whose children have been neglected or abused. Child Protection staff interact with families, courts, and providers to ensure that children's safety is maintained and that goals and objectives are met in a timely manner.

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