IN RE SHELBY R.

No. 2000-425.

148 N.H. 237 (2002)

IN RE SHELBY R.

Supreme Court of New Hampshire.

Opinion Issued: August 20, 2002.


Attorney(s) appearing for the Case

Paula J. Werme, of Boscawen, by brief and orally, for Mark H.

Philip T. McLaughlin, attorney general (Laura E. B. Lombardi, attorney, on the brief and orally), for the State.


NADEAU, J.

Mark H., Shelby R.'s stepfather, appeals from a proceeding under the Child Protection Act. See RSA ch. 169-C (2002). He argues that by prohibiting the court from appointing counsel for indigent stepparents in abuse or neglect proceedings, RSA 169-C:10, II(a) violates the Due Process Clauses of both the State and Federal Constitutions. We agree on State constitutional grounds.

In February 1999, the division for children, youth and families...

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