Supreme Court of New Hampshire

In re J.P.S.; In re J.S.

February 28, 2023

Summary

The court affirmed a finding that Mother abused J.P.S. because her nonaccidental prenatal substance use caused physical injuries that manifested after J.P.S. was born. The court held that the statute focuses on the child’s post-birth injury and does not require the injurious conduct and injury to occur at the same time, so it did not need to decide whether a fetus is a statutory child or reach Mother’s due-process argument.