New Hampshire
How DeShaney v. Winnebago County Department of Social Services applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Civil Procedure.
New Hampshire courts follow similar principles established in DeShaney concerning the state’s liability for failing to act to protect individuals from private harm. The New Hampshire Supreme Court has reiterated that while the state may have a duty to act, the non-feasance does not typically create liability unless a special relationship exists.
In New Hampshire, the state is not generally liable for failing to protect individuals from harm under the Due Process Clause unless a special relationship exists, such as custody or a direct affirmative action that creates dependency.
The court held that DHHS had no duty to protect children from harm when there was no special relationship established with the child.
The court ruled that the failure to remove a child from a dangerous situation does not create liability without a direct constitutional duty.
The court concluded that the state was not liable for injuries caused by an adult when the child was not in the state's custody.
New Hampshire's application of DeShaney closely aligns with the federal standard, emphasizing the lack of a constitutional duty to protect individuals from harm unless a special relationship exists. However, state precedent has also explored specific duties in child protection cases more rigorously than some federal interpretations.
The principles derived from DeShaney and its application in New Hampshire highlight the importance of understanding state-specific obligations of state actors in child welfare cases, which could be examined in bar exam questions.