THE STATE OF NEW HAMPSHIRE

JUDICIAL BRANCH
http://www.coLirts.state.nh.us
Court Name: Concord Family Court
Case Name: IN THE MATTER OF Cheyenne Irish. A CHILD
Case Number: "~20/rt-W-fl3 '
{if known)
PETITION FOR ABUSE / NEGLECT
Pursuant to RSA 1G9-C
1, Petitioner Name: DCYF Telephone: 332-9120x125
Address: 150 Wakefi'eld St
2. Child's Name:Cheyenne Irish
Address:1Q58 Dover Rd. Unit 2 Epsom. NH 03234
Date of Birth: 11-6-10 Gender; Male Female
Race: Q Asian Q Other Ethnicity: O Hispanic
D Black [U Unavailable I3 Non Hispanic
D Indian E3 White D Refused
Q3 Multiracial Q Native Hawaiian or Other Pacific Islander
3. Legal Guardian of the.child: Date of Birth:
Address: Telephone:
4. Father name: Johnathon Irish Date of Birth: 8-5-86
Address: 1058 Dover Rd. Unit 2 Epsom. NH 03234 Telephone
Mother name: Stephanie Tavlor Date of Birth: 4-28-88
Address: 1058 Dover Rd. Unit 2 Epsom. NH 03234 Telephone?
5. The petitioner represents that the child was Q abused E8] neglected by:
Name of person: Stephanie Taylor
Address: 1058 Dover Rd. Unit 2 Epsom, NH 03234
6. Date(s) and time(s) of abuse/neglect: 1CM3-10
Location of abuse/neglect: Concord, NH
7. Details or facts of abuse/neglect (attach separate sheet if necessary):
See affidavit filed with the Concord Family Court.
\rVn\Ao
Date Signature of F?etitio
State of of
This instrument was acknowledged
f
before
t
me on | D \\ "
""'"'" *"" -

My commission expires: C/ / j
Affix seal, if any
ORDER AND NOTICE
The fo loing petition having been presented, it is ordered that a hearing be held on _^_ •\O
at Q'' a.m,^™) at the above-noted court and cM~e D hc^ f] I -& ~T~<&^ I 0 ¥
the parents or legal guardian of the child, is/are hereby summoned to arjit the hearing.
&L-~~.

Data Clerk/Deputy^!^True Copy Attest-

C: D Mother D Father G Law Enforcement D DCYF D Other: ^^WL««*t
NHJS-2113-DF (10/01/2309) Page 1 of 1
(formerly AOC 300-008/045)
 THE STATE OF NEW HAMPSHIRE
JUDICIAL BRANCH
http://www.courts.state.nh.us
Court Name: Concord Family Court
Case Name: IN THE MATTER OF Cheyenne Irish. A CHILD
Case Number:
(if known)
PETITION FOR ABUSE / NEGLECT
Pursuant to RSA 169-C
1. Petitioner Name: DCYF _ Telephone: 332-8120x125
Address: 150 WakefieldSt
2 Child's Name:Chevenne Irish
Address; 1058 Dover Rd. Unit 2 Epsom, NH 03234
Date Of Birth: 11-6-10 Gender Mate Female
Race: Asian D Other Ethnicity: D Hispanic
D Black Q Unavailable [X] Non Hispanic
LJ Indian El White D Refused
D Multiracial CU Native Hawaiian or Other Pacific Islander
3. Legal Guardian of the child; Date of Birth:
Address: _ Telephone: _
4. Father name: Johnathon Irish Date of Birth: 8-5-66
Address: 1058 Dover Rd. Unit 2 Epsom, NH 03234 Telephon
Mother name: Stephanie Taylor Date oT Birth: 4-23-68
Address: 1 058 Dover Rd. Unit 2 Epsom, NH Q3234 Telepho
5. The petitioner represents that the chilcf was Q abused H neglected by:
Name of person: Johnathon Irish
Address: 1058 Dover Rd. Unit 2 Epsom, NH 03234
6. Date(s) and time(s) of abuse/neglect: 10-6-10
Location of abuse/neglect: Concord. NH
7. Details or facts of abuseMeglect (attach separate sheet if necessary}:
_ See affidavitfiledwith the Concord Family Court.

Date Signature of Petitioner

State of . County of
This instrument was acknowledged before me on If) I -3~ \ by
My commission expires: V i l a i^-r^l A- i
Affix seal, if any S^nfcture of Notarial Officer / Title
ORDER AND NOTICE OF HEARING
The foregoing petition having been presented, it is ordered that a hearing .b_e held on .
at *2 '•(jU a.m./^Qi at the above-noted court and LHV NS^Tt jQ^n-lP^f $
the parents or legal guardian of the child, is/are hereby summoned to the hearing.
roe Copy Attest
Date Clerk/Deput1
C: D Mother Q Father [j Law Enforcement D DCYF D Other:
NHJB-2113-DF (10/O1/2009) Page 1 erf 1 ionne, Regional Clerk
(formeriyAOC 300-008/045)
 * OCT-37-2010 11=56 DHH5 DCYF RO

THE STATE OF NEW HAMPSHIRE

JUDICIAL BRANCH
http://www,court*.«tit«.nh.us

.« Court Name: Concord Family Court

I Case Number;
; IN THE MATTER OF; Chevenne Irish DOB: 11-6-1Q
* IN THE MATTER OF; DOB:
IN THE MATTER OF: DOB:
| IN THE MATTER OF. DOB:
JUVENILE ABUSE / NEGLECT
EX PARTS ORDER
TOK USE WHEN: The po/fce of the Division for Children, Youtfi end Families request, pursuant to RSA l69-C:6-a, /, ex parfo
chiltf believed to be In imminent danger. '
Upon presentation of evidence by Dana Bickford. £3 Division
for Children, Youth and Families (DCYF) or £J police officer, pursuant to a sworn statement taken:
Q in person, Q by telephone IE3 in writing (which may include facsimile transmission) ,
the Court makes the following findings of fact and emergency orders:
1. FINDINGS OF FACT. The court makes the following three findings:
1, There J3 is Q is not reasonable cause to believe that the child(ren) is(are) in such
circumstances or surroundings as would present an imminent danger to the chfld(nen)'s health
or life, which require the immediate placement of the child(ren) for the following reasons:
See attached affidavit

2, There Q is Q is not reasonable cause to believe that the child(ren) is(are) in such
circumstances or surroundings as would present an imminent danger to the chi!d(ren)'s health
or life, which require the immediate removal of the alleged perpetrator ,
from the home,
3. Continuation in the home 13 is D is not contrary to the welfare of the child(ren) for the
following reasons: See attached affidavit

-
Federal law requires that the Court make a "contrary to the welfare" determination in its first
court ruling that sanctions, even temporarily, the removal of a child from her/his home. If the
determination is not made, the child wilf be ineligible for Title flft£^4l£CQffi maintenance
payments for her/his entire stay in foster care. nu

NHJB-222&-W {1OT1/200B3 P«g»1of3

(fonrwrly AOC 3.48-041]
tonne, Regional Clark
 Oct 07 10 10:27p
'. £•»• Number;
• JUVENILE ABUSE? & NEGLECT P& PARTF- QRPtrjR

4. If a child is to be or has been removed from his/her home:

a) Reasonable efforts El were made D were not made by DCYF to prevent the ch!ld(ren)"s
removal from the home of E! mother J2J father as follows: Services have been ordered
through a current open case in Rochester Famitv Division

b) Q Based on the safety considerations and circumstances of the family at the time of
removal, it was reasonable that no additional effort was required by DCYF to maintain the
chHd(ren) in the:home of D mother D father.
c) D Reasonable efforts were not required to be made by DCYF to prevent the child(ren)'s
removal from the home of O mother Q father because she/he has been convicted of a
crime, pureuant to one of the following: RSA 630:1-a; 630:1-b; 630:2; 629:1; 629:2;
629:3; 631:1; 631:2; 632-A:2; 632-A:3-

*
$ Federal law requires that the Court make a "reasonable efforts" determination within 60 days
'v
of a child's removal from the home. If the determination is not made, the child wiii be ineligible
for the Title tV-E foster care maintenance payments for her/his entire stay in foster care,
5. If a child(ren) is not removed from his/her home:
CD Absent the preventative services that are ordered below, the child(ren) would be at
imminent risk of removal and an out-of-home placement is the planned arrangement for the
child(ren).

Federal iaw requires that th9 Court ma. fa a cfererm/natfor? that a child who remains in his/her
home and receives preventative services is at "imminent risk of removal absent such
services. This determination is required every six (G) months.
s?il IL ORDERS
IT IS H EREBY ORDERED THAT;
1. H3 The Division for Children, Youth and Families (DCYF) is awarded protective supervision
of the child(ren). The above-named chiW(ren) shall be placed in ar/out-of-horne placement
as follows: 7
03 in a licensed and certified placement
Q with a relative ; or
I other
;$ 2, D Usgal supervision Of the above-named child(ren) shall be awarded to DCYF and the
,V child(ren) snail be in the physical custody of the
k,:;
* J* 1
D non-accused mother
'^ D non-accused father
*.,.»

$ This shall not be considered an out-of-home placement since the child(ren) is(are) with a
fa biological/adoptive parent.
* 3. The alleged perpetrator shall:
'X U immediately be removed from the home; and/or
•-"! !•
y NHJB-222&-DF (10/01/2009) Paa»Ss*3
CfomwrtyAOC31B-CMB)
 X O C T . O T Z O I O 12:36
*•"*• * » W ( * 6, V *
WVI VI

^cg^^_^i^^gpMeKamagaecjea-amBg—»»«^<«ai»P5gB^^^°"i*»gi" ' ' -.----^---^—

stay away from the above-named «h!W(r«i) and shall not have any contact inrth
• rf ', +*-.«. —*.;L4l r^«n"4
"i'n
I El The abow-TOmedfcWW(wm)fWl receive any medical treatment or othac heatth care
•;< swvioes (medical, dental, ©mofivnal, othor) *hteh way be dwned necessary by DCYF,
si* inchidlng, but not timftad to, th« teflowlng: madioal and emergency

;>•ft;
.Vii
{w
5. H A petWon , pursuant to RSA 169-CJ6-O, IV, within 7Z hours of ft'« order,
Sundays and
IT
^
:^
<*•
6. financial Affidavit:
»^ The mottier lather is(af«) IP oo*iptefc» th» financial prodded and
forowd it to the DMHS Rftimburaarnent Spedeltet within 14 days of Hie of *H» order.
Faflui* to do *o may few* In a charge of contempt againslthe parents).
w
$•
IV
t Q given m nttnS

W. THE COURT FURTHER ORDERS: _

SS".
^
Visitation bstwetfi the oarerrte and baby shaH be supervised at this time

"*' [3 S** attached further older*.

-r?

Thpse orders are effective irnmediately and 9hofl P»mat« In afiad unS further orter of ttie Court.
ORDER OF NOTICE OF PRELIMINARY HEARING
You mwst appear at trw abow-f*otw< court for a Preliminary Hearing on iH**' !Q atZ-OQafcm.R>.rn.

Stgnatun «r Martial Master

SoOrdatvd:

C: D Mother DCYF

a Father
Law Enforcsmcnt
i Other.

P. 37"
 OCT-07-2010 11=56 ' DhiHS DCYF RO

Dana Bickftnrd
Child Protective Service Worker FV
Division for Children, Youth, and Families
STATE OF NEW HAMPSHIRE
STRAFFORD COUNTY
i*

io beforo.mc, this V .^day of

"2 '-Justice of tb

: v ,
rv;

ifI*??
is

•nne, Regional Clerk

 THE STATE OF NEW HAMPSHIRE

MERRIMACK, SS. CONCORD FAMILY DIVISION DOCKET NO.

RE: CHEYENNE IRISH

MOTION FOR CHANGE OF VENUE

NOW COMES the State of New Hampshire, by and through the Division for
Children, Youth and Families, and says as follows:

1. Cheyenne Irish, child of Jonathan Irish and Stephanie Taylor, was born at the
Concord Hospital on October 6, 2010;

2. The parents of this child are believed to reside in Merrimack County in the Town
of Epsom;

3. RSA 169-C;5,1 provides that venue may be originated in the judicial district in
which the child is found or resides;

4. RSA 169-C:5., II provides that the court, upon its own motion or Chat of any party,
[may] transfer venue to another court as the interests of justice or the convenience
of the parties require;

5. The Rochester District Office of DCYF and the Rochester Family Court has been
involved for approximately 21 months with this family in a case involving two
children of Stephanie Taylor; neglect petitions were filed on January 7,2009 and a
Termination of Parental Rights trial was recently concluded as to these two
children and the parties await an order on that matter;

6. Because the family and its history are well known to both the staff at the Rochester
District Office of DCYF and also to the Presiding Justice of the Rochester Family
Court, the interests of justice argues for change of venue to the Rochester Family
Division.
 Wherefore, THE Division respectfully requests:

A. That the Court enter an order changing venue of this matter to the
Rochester Family Division located at the Stafford County Justice and
Administration Building in Dover, New Hampshire,

Respectfully submitted

DENNIS M, MAY, Staff Attorney, DCYF,

#1641

I certify that on the 7th day of October, 2010, a copy of this Motion was mailed to
Donald Nary Esq., counsel for Stephanie Taylor and to CAS A Scott Overbeck, Guardian
ad Litem.

DENNIS M MAY
 THE STATE OF NEW HAMPSHIRE
JUDICIAL BRANCH
http://www.courtsAtate.nh.us

NOTICE TO ACCUSED PARENT

PLEASE READ CAREFULLY AND BRING TO THE SCHEDULED COURT HEARING

I. ABUSE AND/OR NEGLECT PETITION FILED AND COURT HEARING SCHEDULED

A petition has been filed alleging that your chfld(ren) has(have) been abused and/or neglected. As a
result of the petition, the Court has scheduled a hearing, the data and time of which are provided on the
bottom of the petition. If you do not attend this tearing, you may be held in contempt of Court and you may
lose your chance to be heard on your case by a judge.
Please remember the seriousness of the petition that has been filed, tf the judge determines that there is
evidence that you have abused and/or neglected your cnild(ren)r the judge's orders will affect you and your
child(ren). This includes, but is not limited to, the possibility that the judge may award protective supervision
or legal custody to the Division for Children, Youth and Families (DCYF), which woufd give DCYF the right to
temporarily remove your child(ren) from parental care and custody and determine where and with whom your
chJld(ren) will live. This may include placement of your cnildfren} in a foster hom9(e). The judgo may also
award legal supervision to DCYF, which would permit your child(ren) to remain in your home, or With another
parent, under the supervision of DCYF subject to further Court order.
Abuse and neglect cases under State Law RSA 169-C are intended to protect tie health, safety and well
being of children and are handled through a series of Court hearings. At every point in the case, and at
every Court hearing, you have a right to an attorney.
II. YOUR FINANCIAL RESPONSIBILITY
Parents and other individuals chargeable by law for their child's support and necessities may be liable for
expenses incurred in this abuse and neglect proceeding, including the costs of certain evaluations and
placements, RSA 186-C, regarding educationally handicapped children, grants children and their parents
certain rights to services from school districts, at public expense, and to appeal school district decisions
regarding services to be provided,
You will be required by the Court to complete a Financial Affidavit. Failure to complete this Affidavit may
result in a charge against you of contempt.

III. YOUR RIGHT TO AN ATTORNEY

As the parent named in the abuse and/or neglect petition, you have a right to have an attorney represent
you. You may hire an attorney io represent you or, if you think that you cannot afford to pay an attorney and
would like to apply for a Court-appointed attorney, you should immediately contact the Court listed on the
petition. Please note that if you are appointed an attorney, you may be asked to pay back some or all of the
Court-appointed attorney's fees, This will be based upon your ability to pay as determined by your completed
Financial Affidavit.

IV. THE COURTS APPOINTMENT OF A GUARDIAN AD UTEM FOR YOUR CHILD

The Court will appoint a guardian ad litem (GAL) for your child(ren). The GAL will report to the Court and
will make a recommendation about what is in the best interest of your child(ren). You will have a chance
throughout the case to talk to the GAL.

NHJB-2192-DF (1M»'2006) Pag* 1 °l 3

(fwmerty AOC 32e-<Mft)
NOTICE TO ACCUSED PARENT

V. AN EXPLANATION OF THE COURT HEARINGS AND PROCESS

Outlined below is a brief overview of the Court hearings that are held when an abuse and/or neglect
petition is filed. Please read this Information carefully and review it with vour attorney. Your attorney will
be able to provide you with more information about these hearings and the Court process.

All Court hearings and records of abuse and neglect cases are confidential. The hearings are not open to
the public and only people involved in the case, or invited by the parties and approved by the Court, will be
admitted to the Court hearings. The exceptions to this are in Courts hearing abuse and neglect matters in
Grafton, Rockingham, and Sullivan Counties. A pilot project is underway in these counties to assess opening
hearings to the public in abuse and neglect cases absent a finding that opening the hearing or disclosure of
some or all of the evidence would be contrary to the best interests of the child or would cause unreasonable
harm to one or more of the parties.
1. 24-HOUR PROTECTIVE CUSTODY HEARING
If your childfrenl hasflhave) already been removed from home by taw enforcement the first hearing the
judge will conduct will be a 24-hour protective custody hearing. At this hearing, the judge wi(i determine
whether there is reasonable cause to believe that your child's circumstances or surroundings present an
immediate danger to your child's health or life. If the judge makes such a determination, a preliminary
hearing will be scheduled.
2. PRELIMINARY HEARING
If your children) has(have) either been removed from vour home by an ex parte. or emergency order, or
have not been removed from the home, the first hearing the judge will conduct will be the preliminary
hearing. At this hearing, the judge will determine whether your child's circumstances or surroundings
present an immediate danger to your child's health or life or whether there is reasonable cause to believe
that your child has been abused and/or neglected. If such a determination is made, the Court will
schedule an adjudicatory hearing. If not, the petition will be dismissed.

3. ADJUDICATORY HEARING OR CONSENT ORDER

ADJUDICATORY HEARING CONSENT ORDER

At the adjudicatory hearing, or trial, the judge
will listen to evidence from your attorney and
DCYF (or the individual who filed the petition).
DCYF must present evidence and prove, by a
preponderance of the evidence, that the
abuse or neglect occurred, as stated in the
petition. The standard "preponderance of the
evidence" means more probable than not,
If the judge determines that your child(ren)
has(have) not been abused and/or neglected,
the judge will dismiss the petition.
If the judge determines that your child(ren)
has(have) been abusecf or neglected, a
finding of TRUE" will be entered and a
dispositiona! hearing will be scheduled. The
judge will also order DCYF to compile a social
study consisting of, but not limited to, the
home conditions, family background, financial
assessment, school record, mental and
physical and social history of your family.
if you choose not to have an adjudicatory
hearing, you may waive the adjudicatory
hearing and file a consent decree with the
Court. If the judge approves the consent
decree, and it includes a finding of "TRUE." it
will have the same force and effect as if the
judge had entered a finding of "TRUE" and
determined at an adjudicatory hearing that
your child(ren) has(have) been abused and/or
neglected.
The judge will also order DCYF to compile a
social study consisting of, but not limited to,
the home conditions, family background,
financial assessment, school record, mental
and physical and social history of your family.
You will be asked to sign the consent decree.
Before you sign a consent, you should review
with your attorney the form entitled The
Effect of a Consent Qnfer on Your
Constitutionally and Statutorily Protected
Rights, Including Parental Rights
(Court form NHJB-2270-DF).

NHJB-21 g2-DF <12/t>6/2006>

(formerly AOC 328-WSJ
MCJTICt-? TO ACntlSFCl PARFNT

IN THE EVENT THERE IS A FINDING OF "TRUE," YOU WILL HAVE TWELVE (12) MONTHS FROM
THE DATE OF THE FINDING TO CORRECT THE CONDITIONS THAT LED TO THE FINDING,

IT IS IMPORTANT THAT YOU UNDERSTAND THAT A FINDING OF "TRUE" MAY BE THE BASIS,
AT A FUTURE TIME, FOR A PETITION TO TERMINATE YOUR PARENTAL RIGHTS. (SEE
STATEMENT NUMBER SEVEN BELOW.}

4. DISPOSITIONS HEARING

If there is a finding of "TRUE," the judge will hpto a dispositions! hearing within thirty (30) days of the
finding of "TRUE." At this hearing, the judge will review the social study of the child's family, consider
recommendations from the parties and approve a case plan that will outline what you must do to correct
the conditions that ted to the finding of "TRUE" that your child(ren) has(have) been abused and/or
neglected.
If you want to appeal the Court's decision, you must notify the Superior Court within thirty (30) days of
the final dispositional order.
Please note that at any point during this 12-month period, the judge may order that your cniid(ren) be
removed from your care and custody on a temporary basis and placed in an out-of-home placement,
including but not limited to a foster home.
Additionally, if at the end of this 12-month period your chjld(ren) has(have) been in an out-of-home
placement for twelve or more months and you have not corrected the conditions thai led to the finding of
abuse and/or neglect, your child may be removed from you permanently if DCYF files a petition to
terminate your parental rights, pursuant to RSA170-C, and the petition is granted.

5. REVIEW HEARING

In the nine (9) months following the finding, the judge will hold periodic review hearings. At these
hearings, the judge will review the status of the case and will examine the progress that you and other
parties have mada with the case plan since the last hearing.

6. PERMANENCY HEARING

If there Is a finding of abuse and/or neglect and your children) has(have) been removed from the home
and lived in an out-of-home placement for twelve or more months, the judge will hold a permanency
hearing. At this hearing, the judge will make a final decision about whether, pursuant to RSA 169-C:23,
the standard for return of your child has been met and if so, when your child(ren) will be returned home.
If return home is not possible, the judge will determine an alternative plan for your child's permanent
living arrangement, including the termination of parental rights when an adoption is contemplated, a
guardianship or another planned permanent living arrangement (APPLA).

7. PETITION TO TERMINATE PARENTAL RIGHTS

In New Hampshire, there are several ways that a parent's rights can be terminated: one of them is
a finding of abusa or neglect and a parent's failure to correct the conditions that led to the
finding.
In the event a petition is filed to terminate your rights as a parent, you wilt be notified of any Court
hearings. You will have the right to an attorney. If you cannot afford one, the Court will appoint one for
you. A guardian ad litem (GAL) will be appointed for your child(ren).
At a hearing, both sides will present evidence to the Court concerning the reasons why your rights
should or should not be terminated. The Court will make a decision based on the evidence it hears as
well as any reports or examinations offered to the Court
if your parental rights are terminated, you wilJ no longer have any legal rights, privileges, duties or
obligations regarding your child(ren).

NHJB-41B2.QF<12«fi/2006)
(fomedyAOC32WW8)