Petition of New Hampshire Division for Children, Youth and Families

Summary

The Supreme Court affirmed the trial court’s denial of DCYF’s motion to dismiss, holding that RSA 508:8 must be read into RSA 541-B:14, IV so that the statute of limitations complies with the New Hampshire Constitution’s equal protection clauses. The Court applied intermediate scrutiny and found the un‑tolled three‑year limit created unconstitutional classifications between child plaintiffs suing the State and those suing private parties. The decision was entered with instructions to remand for further proceedings consistent with this holding.