New Hampshire Child Abuse Laws

New Hampshire's Child Protection Act defines and addresses child abuse, including physical, emotional, and sexual abuse, as well as neglect and abandonment. The state mandates reporting of suspected abuse by professionals who regularly interact with children, and failure to report is punishable by law. New Hampshire also provides legal protections for those reporting in good faith, ensuring that they are not liable for criminal or civil consequences.

New Hampshire, like all other states, takes child abuse and neglect seriously. The Child Protection Act (N.H. Rev. Stat. § 169-C:1 et seq.)

  • Creates a framework that defines child abuse
  • Provides the means for courts to decide child abuse cases
  • Makes a system for mandated reporters and other reporters to easily and safely report suspected abuse to the Department of Children Youth and Families (DCYF)

Violation of New Hampshire’s child abuse laws may result in termination of parental rights, fines, and criminal charges.

If you or a loved one are the victim of child abuse or any kind of domestic violence, contact New Hampshire Child Protection Services at (800) 894-5533 (M-F, 8:00 a.m. to 4:30 p.m.) or your local police department.

New Hampshire Child Abuse and Protection Laws

New Hampshire law recognizes several types of harm that qualify as child abuse. Abuse does not require physical harm to be considered child abuse (N.H. Rev. Stat. § 169-C:3).

  • Abandonment means the child's guardians left them without food, clothing, or shelter, despite the parents or legal guardians having the financial means for such support.
  • Neglect is a child who lacks parental control or support for their physical, mental, emotional, or educational needs, and the child is likely to suffer or has suffered serious impairment because of it.
  • Physical abuse includes sexual abuse as well as intentional physical harm, psychological or emotional abuse, and human trafficking.

New Hampshire excludes extreme poverty from “child neglect.” The law also excludes lack of medical care when replaced by a good-faith spiritual treatment administered by and through the services of a recognized church or religious denomination.

Mandatory Reporting Laws

New Hampshire laws list a number of mandated reporters of child abuse (§ 169-C:29). Mandated reporters are people who come into contact with children during the course of their duties and are likely to see signs of abuse or neglect. They include:

  • Medical professionals, such as doctors, nurses, and dentists
  • School personnel, including teachers, counselors, and staff
  • Daycare workers, social workers, clergy, and religious workers

Mandated reporters and others can report to DCYF or law enforcement if they suspect child abuse or neglect, sexual abuse, or other maltreatment (§ 169-C:38).

Mandated reporters who know or suspect child abuse and fail to report are guilty of a misdemeanor (§ 169-C:39). Anyone who files a good-faith report with DCYF is immune from any criminal or civil liability that may result. New Hampshire does not file criminal charges against malicious reporters, but a victim of such a report can file a civil lawsuit against the reporter.

Child Occupant Protection Law

Protecting a child’s health and welfare does not end with child abuse laws. New Hampshire’s motor vehicle laws include the Child Occupant Protection Law, which requires children under the age of 7 or below 57 inches in height to travel in a child safety seat (N.H. Rev. Stat. § 265:107-a).

  • Infants (birth to age 2) must travel in a rear-facing car seat
  • Aged 2 to 6, or up to 90 pounds, may use a forward-facing car seat
  • Age 7 or up to 57 inches may use a booster seat which allows the child to safely wear a lap belt
  • Children may use the car’s lap belt/shoulder harness when they are 7 years old or 57 inches, whichever is first.

The National Highway Traffic Safety Administration recommends keeping children in the back seat until they can comfortably sit fully back in the front seat with their feet on the floor.

Note: State laws are subject to change through the enactment of new laws, court decisions (including federal courts), and other means. FindLaw endeavors to provide the most recent information to our users. Consult an attorney to learn how New Hampshire law might apply to your unique circumstances.

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Courts take allegations of child abuse very seriously. The well-being of the child always come first in any court proceeding. If you or another household member face child abuse charges, you need help from a New Hampshire criminal defense attorney or family law attorney immediately.

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