In re Haley K., 163 N.H. 247

Haley born August 2007; father incarcerated for theft in May 2009, leaving Haley with caregiver adults.
DCYF filed a neglect petition in June 2009 alleging Haley was neglected due to lack of proper care/control.
An adjudicatory hearing led to a consent order in which Haley was found neglected.
July 2010 DCYF petitions to terminate parental rights; Haley's mother surrendered.
Trial court found beyond reasonable doubt that father failed to correct neglect within twelve months despite reasonable DCYF efforts; Haley remained in foster care.
Court affirmed termination, holding incarceration and lack of adequate provisions for Haley while incarcerated contributed to neglect, and that termination was appropriate under RSA 170-C:5.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether DCYF provided reasonable services to assist reunification	State argues services were reasonable under constraints	Conboy argues services were insufficient due to incarceration	Yes; DCYF provided reasonable services
Whether incarceration can be considered in assessing correction of neglect	State treats incarceration as relevant per statute	Conboy argues incarceration should not omit neglect analysis	Incarceration is a permissible factor in neglect analysis
Whether termination was proper under RSA 170-C:5 grounds	State sought termination for failure to correct within twelve months	Conboy contends lack of corrective effort due to custody circumstances	Affirmed; termination upheld

In re Juvenile 2006-674, 156 N.H. 1 (N.H. 2007) (standard for termination proof beyond a reasonable doubt; proper grounds)
In re Juvenile 2006-833, 156 N.H. 482 (N.H. 2007) (reasonable services standard; agency limitations)
In re Tricia H., 126 N.H. 418 (N.H. 1985) (compliance with orders as non-dispositive to termination)
In re Adam M., 148 N.H. 83 (N.H. 2002) (parental responsibilities during incarceration)
Appeal of Keelin B., 162 N.H. 38 (N.H. 2011) (statutory interpretation of care and services)